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View Diary: The Risen Book: Is That All There Is? Afraid Not. (90 comments)

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  •  For a lot of technical reasons... (none)
    ...for which this is not the appropriate forum, Mr. Yoo's positions on these various topics are fairly mainstream.  (I'm referring to the excerpt you quote, not the "Article II makes POTUS a king during war-time" argument).  In fact, as the law now stands, the POTUS does have constitutional authority -- as a matter of domestic (i.e., internal US) law -- to abrogate treaties unilaterally.  (President Carter established this principle when he unilaterally abrogated the U.S.-Taiwan mutual defense treaty.)  He may also, obviously, involve the country in armed conflict without a Congressional declaration of war.  (I think the courts have gone way astray of the plain words of the Constitution here, but they have nevertheless endorsed presidential authority, without Congressional action, in this area.)  Finally, it is true under current U.S. law that a treaty may not be enforced in U.S. courts unless it is deemed "self-executing" by the courts.  The courts deem almost all treaties non-self-executing, meaning they lack the magic language that makes them directly enforceable in U.S. courts, and are thus only enforceable if Congress enacts specific enabling legislation.  For better or worse, these are solidly mainstream positions.  Which just goes to show, in my opinion, how hostile the U.S. in general is to international law -- particularly domestic application of international law.

    "When the intellectual history of this era is finally written, it will scarcely be believable." -- Noam Chomsky

    by scorponic on Thu Jan 05, 2006 at 02:50:41 AM PST

    [ Parent ]

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