Yep, yet again this is a case of Congress derelicting their duties and letting the executive do whatever the fuck. We really need to scourge a lot of post 9/11 laws from the fucking books.
I think that at this point, the Constitution and the body of Law built up in the country can’t be saved, and we need to start over. That would never happen. I wonder what the history is of countries building a system of government and law from prima facia? Some revolutions and dethronements of royalty must have worked that way.
Really, this goes back at least to the War of Slaveholding Capitalists. Lincoln never declared war against the Confederacy, and Congress refused to push him on it, since international law and Supreme Court precedent were built around the assumption that the opponents were both countries, and a formal declaration of war might have the unintended result of acknowledging the Confederacy as a foreign country (with the rights thereof) instead of an insurgency.
Yep, yet again this is a case of Congress derelicting their duties and letting the executive do whatever the fuck. We really need to scourge a lot of post 9/11 laws from the fucking books.
I think that at this point, the Constitution and the body of Law built up in the country can’t be saved, and we need to start over. That would never happen. I wonder what the history is of countries building a system of government and law from prima facia? Some revolutions and dethronements of royalty must have worked that way.
Really, this goes back at least to the War of Slaveholding Capitalists. Lincoln never declared war against the Confederacy, and Congress refused to push him on it, since international law and Supreme Court precedent were built around the assumption that the opponents were both countries, and a formal declaration of war might have the unintended result of acknowledging the Confederacy as a foreign country (with the rights thereof) instead of an insurgency.
History is fascinating stuff.