"In times of war, our country, chiefly through the executive branch, must often take exceptional steps to thwart the enemy."
Any judge that does not realize that we are not in "times of war" without a validly ratified formal congressional Declaration of War is prima facie incompetent to sit on the bench and should be forced to resign.
Of course, even a formal declaration of war does not suspend constitutional law, but as we aren't in a "war" in the first place, his decision is doubly idiotic.
The constitution gives the Executive branch two, and only two, powers regarding foreign policy. One is the signing of treaties, and the other is the appointment of ambassadors. Decisions regarding the waging of war are solely the prerogative of the legislative branch. The president as "Commander-in-Chief" is limited solely to carrying out the intent of the Congress in this arena. Back to Civics 101 for Virginia judges.
![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
no subject
Date: 2006-05-19 07:23 pm (UTC)"In times of war, our country, chiefly through the executive branch, must often take exceptional steps to thwart the enemy."
Any judge that does not realize that we are not in "times of war" without a validly ratified formal congressional Declaration of War is prima facie incompetent to sit on the bench and should be forced to resign.
Of course, even a formal declaration of war does not suspend constitutional law, but as we aren't in a "war" in the first place, his decision is doubly idiotic.
The constitution gives the Executive branch two, and only two, powers regarding foreign policy. One is the signing of treaties, and the other is the appointment of ambassadors. Decisions regarding the waging of war are solely the prerogative of the legislative branch. The president as "Commander-in-Chief" is limited solely to carrying out the intent of the Congress in this arena. Back to Civics 101 for Virginia judges.