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September 17th, 2004 08:28 PM
#3
"I dont say it was bad/good or morally correct/incorrect."
Actually, you just did say that. The legality of an action is not dependent upon justification or right or wrong, but merely whether it abides by law.
There's other things I could debate with you, but I won't. That's not the issue.
Nowhere in the Constitution does it say a thing about justification. Legally speaking (correct me if I'm wrong), I believe we can attack Indonesia because China pissed us off. In an extremely absurd example, of course. But the debate is simply over the legality.
Now, if the President orders a military strike and Congress says "Hell no, call them back." And the President says, "Ladies and gentlemen of Congress, screw you, I'm attacking anyway." Then yeah, that'd be illegal. And technically, I can refuse to go to war, because I am required to follow the lawful orders of my superiors. If the President defies Congress, then I can say no. If he defies the U.N., who the hell cares? They don't write our laws and they don't enforce them.
Once again, I'm not saying the war was right or wrong. I'm not talking ethics. I'm talking law. And the only legal right the U.N. holds over us is that which we have willingly signed in the form of a treaty. And I believe we are also within our rights to break treaties... that I'm NOT sure of.
Of course, there's a lot of things we can legally do that'll piss everybody off and may even result in a U.N. led attack on us if we're totally stupid. Legal don't mean right and it don't mean smart. It means we said we could.
You say illegal, but you mean wrong. In that, you're entitled to your opinion. But whether it was illegal is not subject to opinion, but fact.
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