Intermarkets' Privacy Policy Support
Donate to Ace of Spades HQ! Recent Entries
Quick Hits
Recycled Garbage: The Leftwing Identity-Politics Media Claims That Biden Never Said You Were Garbage and If He Did, That's Because You Are Tim Walz: I Competely Support Late Third-Term Abortions Of Course: The Democrat Lunatic Who Shouted "Alluha Akbar" As He Shot a Jewish Man on the Way to Synogogue Is a, Get This, Illegal Alien Allowed Into the Country in the Past 18 Months by Harris-Biden Supreme Court Overturns Hawaiian Judge's Insane Ruling -- Sought by the DOJ -- To Force Virginia to Put Illegal Alien Illegal Voters BACK on the Voting Rolls "The Only Garbage I See Floating Out There Are His Supporters:" Biden Goes Even Further Than "Deplorables" Wednesday Morning Rant Mid-Morning Art Thread The Morning Report 10/30/24 Daily Tech News 30 October Absent Friends
Bandersnatch 2024
GnuBreed 2024 Captain Hate 2023 moon_over_vermont 2023 westminsterdogshow 2023 Ann Wilson(Empire1) 2022 Dave In Texas 2022 Jesse in D.C. 2022 OregonMuse 2022 redc1c4 2021 Tami 2021 Chavez the Hugo 2020 Ibguy 2020 Rickl 2019 Joffen 2014 AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published.
Contact OrangeEnt for info:
maildrop62 at proton dot me Cutting The Cord And Email Security
Moron Meet-Ups
|
« Acepalooza Location Picked |
Main
| Culture of Corruption: Murtha-Earmarked $9 Million Water Pump Apparently Non-Existent »
September 07, 2007
Law Post: When Do Wars End?A few weeks ago we (that would be you and me, not just me and the voices in my head) took a look at declarations of war (here and here and here). The question of how and when wars are legally started continues to come up, as it did at Wednesday’s debate when Ron Paul again falsely claimed that the Iraq war has not been declared and is illegal under international law. A similar issue may be even more difficult to resolve: when do wars end? This is a difficult question because wars don’t typically end with an armistice or even a voluntary cessation of hostilities. In either case, international law provides that the parties are not legally bound to end hostilities until a peace treaty is signed. For an example of this in practice, note President Bush’s remarks today that he will not end the Korean War until North Korea drops its nuclear ambitions. The Korean War came to a halt pursuant to an Armistice agreement signed on July 27, 1953. That agreement appeared to anticipate a forthcoming peace treaty, but that, of course, never appeared. Domestically, this is more complicated because the U.S. Constitution does not explicitly give the power to end war to any branch of government. Instead, the decision to end war traditionally lies with the President as part of his treaty-making power, though subject to ratification in the Senate. The U.S. Supreme Court, referring to the Civil War, ruled that “some public act of the political departments of the government to fix the dates,” both of the start and the end of war is necessary. Ending a war with a treaty is fine when one is combating a state. But what about when we go to war against a specific government or organization? Following World War II, the Court faced the question again: War does not cease with a cease-fire order, and power to be exercised by the President such as that conferred by the Act of 1798 is a process which begins when the war is declared but is not exhausted when the shooting stops. This raises some interesting questions about the two wars in which the U.S. is currently engaged (not counting the Korean War, which I hadn’t considered before President Bush’s remarks). In what ways can they end? Obviously, we will not be making peace treaties with the Taliban or Al Qaeda, since treaties are made between states. Furthermore, it does not seem likely that we will need or want peace treaties with Afghanistan or Iraq, which both possess ally governments. Appropriately, it seems that these wars, begun by informal declarations of war, will end informally. The unanswered question is whether the president and Congress must work together to end them or whether one branch acting unilaterally can bring the wars to a close. Congress can halt funding, but can it legally declare an end to war if the president says that war continues? President Bush can halt military operations, but can he legally declare an end to war if Congress says that the war must go on? The answer is unknown, but of serious importance. The Executive Branch currently enjoys expanded powers because we are in a time of war. When will that expansion end? Finally, a note about the Global War on Terror: the GWOT is only a semantic war. As far as the courts are concerned, President Bush must look to the AUMF 2001, the AUMF 2002, the Military Commissions Act of 2006, or various defense spending bills to find authorization for war acts. The GWOT, on the other hand, will go on long after the Iraq War or the War in Afghanistan is over. I mention it only because hysterical Leftists continue to whine about a “perpetual war” that only Bush can end. Their fears are (as usual) misplaced. The president does not possess war power just by giving a speech with the words “Global War on Terror” in it; he must rely on acts of Congress for that. | Recent Comments
Decaf:
"Reminds of a story my brother, a historian, told m ..."
Tim "Born to Kill" Walz: "Trump is Micheal Myers !!!!!!!!!!!!!!!!!!!!!!!!!!! ..." Xipe Totec: "The most pathetic Ford evah! The ALL NEW, Piece of ..." ...: "I think it has helped them quite a bit, for decade ..." People's Hippo Voice : "Why do people act like betting markets have some s ..." whig: "337 Why do people act like betting markets have so ..." ShainS -- In Trump's America, Garbage Throws YOU Out! [/b][/i][/s][/u] : "In hindsight it seems obvious. Yes, many people wa ..." gKWVE: "[i]how did they identify male Orthodox Jews, and h ..." Xipe Totec: "Babylon Bee: Millions of garbage bags seen lining ..." ChrisW: "It's like when the media told us that football cro ..." 18-1: "[i]In the 80s and 90s he was going off on Japan. C ..." Obligatory Seinfeld reference : ">>>An all white fiesta? What the hell is that? ..." Recent Entries
Quick Hits
Recycled Garbage: The Leftwing Identity-Politics Media Claims That Biden Never Said You Were Garbage and If He Did, That's Because You Are Tim Walz: I Competely Support Late Third-Term Abortions Of Course: The Democrat Lunatic Who Shouted "Alluha Akbar" As He Shot a Jewish Man on the Way to Synogogue Is a, Get This, Illegal Alien Allowed Into the Country in the Past 18 Months by Harris-Biden Supreme Court Overturns Hawaiian Judge's Insane Ruling -- Sought by the DOJ -- To Force Virginia to Put Illegal Alien Illegal Voters BACK on the Voting Rolls "The Only Garbage I See Floating Out There Are His Supporters:" Biden Goes Even Further Than "Deplorables" Wednesday Morning Rant Mid-Morning Art Thread The Morning Report 10/30/24 Daily Tech News 30 October Search
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Primary Document: The Audio
Paul Anka Haiku Contest Announcement Integrity SAT's: Entrance Exam for Paul Anka's Band AllahPundit's Paul Anka 45's Collection AnkaPundit: Paul Anka Takes Over the Site for a Weekend (Continues through to Monday's postings) George Bush Slices Don Rumsfeld Like an F*ckin' Hammer Top Top Tens
Democratic Forays into Erotica New Shows On Gore's DNC/MTV Network Nicknames for Potatoes, By People Who Really Hate Potatoes Star Wars Euphemisms for Self-Abuse Signs You're at an Iraqi "Wedding Party" Signs Your Clown Has Gone Bad Signs That You, Geroge Michael, Should Probably Just Give It Up Signs of Hip-Hop Influence on John Kerry NYT Headlines Spinning Bush's Jobs Boom Things People Are More Likely to Say Than "Did You Hear What Al Franken Said Yesterday?" Signs that Paul Krugman Has Lost His Frickin' Mind All-Time Best NBA Players, According to Senator Robert Byrd Other Bad Things About the Jews, According to the Koran Signs That David Letterman Just Doesn't Care Anymore Examples of Bob Kerrey's Insufferable Racial Jackassery Signs Andy Rooney Is Going Senile Other Judgments Dick Clarke Made About Condi Rice Based on Her Appearance Collective Names for Groups of People John Kerry's Other Vietnam Super-Pets Cool Things About the XM8 Assault Rifle Media-Approved Facts About the Democrat Spy Changes to Make Christianity More "Inclusive" Secret John Kerry Senatorial Accomplishments John Edwards Campaign Excuses John Kerry Pick-Up Lines Changes Liberal Senator George Michell Will Make at Disney Torments in Dog-Hell Greatest Hitjobs
The Ace of Spades HQ Sex-for-Money Skankathon A D&D Guide to the Democratic Candidates Margaret Cho: Just Not Funny More Margaret Cho Abuse Margaret Cho: Still Not Funny Iraqi Prisoner Claims He Was Raped... By Woman Wonkette Announces "Morning Zoo" Format John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia World Muslim Leaders Apologize for Nick Berg's Beheading Michael Moore Goes on Lunchtime Manhattan Death-Spree Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears Liberal Economists Rue a "New Decade of Greed" Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility Intelligence Officials Eye Blogs for Tips They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq Leather-Clad Biker Freaks Terrorize Australian Town When Clinton Was President, Torture Was Cool What Wonkette Means When She Explains What Tina Brown Means Wonkette's Stand-Up Act Wankette HQ Gay-Rumors Du Jour Here's What's Bugging Me: Goose and Slider My Own Micah Wright Style Confession of Dishonesty Outraged "Conservatives" React to the FMA An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear The Story the Rightwing Media Refuses to Report! Our Lunch with David "Glengarry Glen Ross" Mamet The House of Love: Paul Krugman A Michael Moore Mystery (TM) The Dowd-O-Matic! Liberal Consistency and Other Myths Kepler's Laws of Liberal Media Bias John Kerry-- The Splunge! Candidate "Divisive" Politics & "Attacks on Patriotism" (very long) The Donkey ("The Raven" parody) |