[lbo-talk] USA scoffs laws

Charles Brown cbrown at michiganlegal.org
Thu Jul 10 09:29:50 PDT 2003


andie: Some the examples below are flawed:


> --"The Congress shall have power...To Declare
> War...": Art I, Sec 8, Cl. 10
> (Korean War, Vietnam War, Persian Gulf War I&II,
> etc.)
>

Well, Congress has that power. It's just that the Executive has decided to go to war without declaring it, a barbarism that the framers failed to foresee,a nd Congress, which could do something about it (cutting off the $, e.g.) hasn't. ^^^^^^^ CB: The observation that the United States of America is, today, scofflawful with respect to its own Constitution's requirements for conducting war is essentially flawless. ^^^^^-- "The President...shall have power, by and with the
> consent
> of the Senate, to make treaties...: Art II, Sec 2,
> Cl. 2
> (But Bush can withdraw from treaties without
> reference
> to the Senate or the faintest rebuke from Court)

Make is one thing, withdraw is another. The ABM treaty contained provision sfor unilateral withdrawal.

^^^^^ CB: The best interpretation is that "make" includes "unmake". Bush scofflaws on this.. ^^^^^



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