[Peace-discuss] Trumps revisited

Bob Illyes illyes at uiuc.edu
Wed Aug 27 16:55:26 CDT 2008


As you pointed out, Bob, ratified treaties have the force of law. Neither 
treaties nor laws are exempt from the requirement of constitutionality, 
however. Both the Korean War and the Iraq invasion were unconstitutional, 
because Congress did not declare war. The Civil War was of arguable 
constitutionality. A respect for the Constitution would keep us out of no 
end of wars.

On the larger issue of ratified international norms, such as the Geneva 
Conventions, to the extent that they are consistent with the Constitution 
(which I believe the Geneva Conventions are) they are and must be enforced law.

In your replies to Wayne, you seemed to be dodging the issue that laws can 
be unconstitutional, including treaties, and that these laws and treaties 
are not properly and should not be enforceable.

But we have an administration that seems to prefer to use treaties, laws, 
and the Constitution as toilet paper. They're all the same to Bush and company.

Bob



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