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Response to Zalatix (Reply #23)

Sun Oct 7, 2012, 04:53 PM

34. The law requires no trial of anyone for the president to launch nukes at will


So we have this odd position where:

Wipe out entire cities with sole discretion = legal

Order a drone strike = illegal

Military combat involves a lot of extrajudicial killing, and there is a vast legal framework which you toss aside in your race to a conclusion on this particular novel aspect of the use of military force. What I know is that I do not have a whole lot of depth in that area of law, but have enough to believe that your continued conclusory declarations do not suggest much in the way of knowledge of relevant case law on the use of military force on which such conclusions are based.

Given this situation, I believe it is extremely important, and I believe the relevant law on presidential warfighting discretion renders it extremely important, for the American public not to lightly hand this power to an untrustworthy person. It is unfortunate that while our system is one which is designed to not depend on the trustworthiness of any person who may be elected to office, that is the situation we have in the continued historical cycles of expansion and contraction of presidential warfighting power. What is "legal" or "illegal" in terms of the conduct of ostensibly military engagement is something that changes with time and circumstances.

And, again focusing on the limited input I have into this system, what is ultimately legal or illegal depends on the caliber of people who are nominated and seated on the Supreme Court.

I do not know the extent to which the president reports or confers with the relevant Congressional bodies over the selection of targets or the use of drones. The situation may call for an update of the War Powers Act, as I've said above, to ensure there is adequate review of the use of these things.

But you are not going to get to an endpoint where there is no discretion vested in that office as to the use of military force as a blanket proposition. I would further believe that if the situation were so clear as to constitute an outright abuse of presidential authority in the conduct of military operations, that the GOP controlled House would have no problem whatsoever drafting a bill of impeachment to that effect, if there was so much as a fingernail hold to be had on that argument.

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Zalatix Oct 2012 OP
jberryhill Oct 2012 #1
Zalatix Oct 2012 #2
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Zalatix Oct 2012 #6
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Zalatix Oct 2012 #9
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Zalatix Oct 2012 #11
jberryhill Oct 2012 #12
Zalatix Oct 2012 #13
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Zalatix Oct 2012 #22
jberryhill Oct 2012 #30
Zalatix Oct 2012 #32
msanthrope Oct 2012 #17
Zalatix Oct 2012 #23
LineLineLineLineLineLineLineLineLineLineReply The law requires no trial of anyone for the president to launch nukes at will
jberryhill Oct 2012 #34
Zalatix Oct 2012 #39
sabrina 1 Oct 2012 #41
Zalatix Oct 2012 #42
msanthrope Oct 2012 #51
sabrina 1 Oct 2012 #18
jberryhill Oct 2012 #27
Zalatix Oct 2012 #29
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Zalatix Oct 2012 #40
sabrina 1 Oct 2012 #31
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Zalatix Oct 2012 #43
msanthrope Oct 2012 #54
Zalatix Oct 2012 #65
msanthrope Oct 2012 #68
Zalatix Oct 2012 #71
msanthrope Oct 2012 #74
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msanthrope Oct 2012 #92
jberryhill Oct 2012 #85
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EX500rider Oct 2012 #72
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Zalatix Oct 2012 #24
wtmusic Oct 2012 #69
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woo me with science Oct 2012 #16
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Zalatix Oct 2012 #33
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Zalatix Oct 2012 #66
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