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	<title>Comments on: Homeland Security Secretary Blasts International Law</title>
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	<link>http://www.tdaxp.com/archive/2006/11/18/homeland-security-secretary-blasts-international-law.html</link>
	<description>All of us against the machine</description>
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		<title>By:  ElamBend </title>
		<link>http://www.tdaxp.com/archive/2006/11/18/homeland-security-secretary-blasts-international-law.html/comment-page-1#comment-15297</link>
		<dc:creator> ElamBend </dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
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		<description> &lt;p&gt;I always get a kick when someone mentions international law and its violations.  Technically, there is NO international law outside of treaties and the idea that a treaty can be held to apply to a non-signatory is still simply a dream of the elites of certain trans-national organizations.  The closest thing I can come up with is the idea of Westphalian sovreignty, for what that is worth.  Beyond that they idea of international law and war crimes for that matter is a chimera, either dictated by treaty (for ex. maritime law), might (Kosovo), or consent (Rwanda, Charles Taylor, Milosevic).  The power that those who espouse &quot;international law&quot; are trying to exercise has not existed since the Catholic Church (or for that matter the Caliphate) had sway over transnational relations.  It just does not exist and absent a means of enforcing it (yes, that&#039;s an Army, Europe) it will not come into being.  &lt;br /&gt; &lt;br /&gt; During lawschool, I took my international law course from a man who had help written a constitution and whose brother is current president of Malawi.  All of the source material he tought showed no example of a true international law outside of treaties, yet when I suggested as much I was told I was wrong (ha!).  Such was his devotion to the U.N. and transnational control from a self-appointed elite, mostly in an effort to tie down the collosus.  A pox to it all.&lt;/p&gt; </description>
		<content:encoded><![CDATA[<p>I always get a kick when someone mentions international law and its violations.  Technically, there is NO international law outside of treaties and the idea that a treaty can be held to apply to a non-signatory is still simply a dream of the elites of certain trans-national organizations.  The closest thing I can come up with is the idea of Westphalian sovreignty, for what that is worth.  Beyond that they idea of international law and war crimes for that matter is a chimera, either dictated by treaty (for ex. maritime law), might (Kosovo), or consent (Rwanda, Charles Taylor, Milosevic).  The power that those who espouse &#8220;international law&#8221; are trying to exercise has not existed since the Catholic Church (or for that matter the Caliphate) had sway over transnational relations.  It just does not exist and absent a means of enforcing it (yes, that&#39;s an Army, Europe) it will not come into being.  </p>
<p> During lawschool, I took my international law course from a man who had help written a constitution and whose brother is current president of Malawi.  All of the source material he tought showed no example of a true international law outside of treaties, yet when I suggested as much I was told I was wrong (ha!).  Such was his devotion to the U.N. and transnational control from a self-appointed elite, mostly in an effort to tie down the collosus.  A pox to it all.</p>
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		<title>By: Dan tdaxp </title>
		<link>http://www.tdaxp.com/archive/2006/11/18/homeland-security-secretary-blasts-international-law.html/comment-page-1#comment-15299</link>
		<dc:creator>Dan tdaxp </dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
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		<description> &lt;p&gt;&quot;Yes, that document drives many crazy who would impose their ideology upon us (from within and out).&quot;&lt;br /&gt; &lt;br /&gt; My favorite argument was that the Constitution is functionally just another treaty, and therefore deprecated by every subsequent treating signed.  He criticized those who disagreed as &quot;monists.&quot;&lt;br /&gt; &lt;br /&gt; &quot;As for professors of International Law, I assume that most got into the field not to study it so much as to promote it.&quot;&lt;br /&gt; &lt;br /&gt; Of course.&lt;/p&gt; </description>
		<content:encoded><![CDATA[<p>&#8220;Yes, that document drives many crazy who would impose their ideology upon us (from within and out).&#8221;</p>
<p> My favorite argument was that the Constitution is functionally just another treaty, and therefore deprecated by every subsequent treating signed.  He criticized those who disagreed as &#8220;monists.&#8221;</p>
<p> &#8220;As for professors of International Law, I assume that most got into the field not to study it so much as to promote it.&#8221;</p>
<p> Of course.</p>
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		<title>By: Dan tdaxp </title>
		<link>http://www.tdaxp.com/archive/2006/11/18/homeland-security-secretary-blasts-international-law.html/comment-page-1#comment-15300</link>
		<dc:creator>Dan tdaxp </dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
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		<description> &lt;p&gt;ElamBend,&lt;br /&gt; &lt;br /&gt; Back when I was studying International Law, two major methods were described for creating it &quot;silence is refusal&quot; (as in treaties) and &quot;silence is consent&quot; (as in, customs &amp; norms).  [1] Another set I heard of as sources of international law are treaties, international court decisions, customs, and scholarship.&lt;br /&gt; &lt;br /&gt; I agree with you on previous Catholic and Muslim international laws.  The professors take when I suggested that was &quot;no one who knows anything about international law could possibly say that.&quot;   So we had similar experiences :-)&lt;br /&gt; &lt;br /&gt; To me, this comes down to the nature of our Republic.&lt;br /&gt; &lt;br /&gt; Every argument that international law has any effect comes from Article I Section I, granting Congress the power &quot;To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations.&quot;  Thus while Congress is certainly free to &quot;punish... Offenses against the Law of Nations&quot;&lt;br /&gt; this is in the context of the facts that&lt;br /&gt; &lt;br /&gt; &quot;All legislative Powers herein granted shall be vested in a Congress of the United States&quot; ... &quot;The executive Power shall be vested in a President of the United States of America.&quot; and &quot;The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.&quot;&lt;br /&gt; &lt;br /&gt; And, of course, &quot;The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.&quot;&lt;br /&gt; &lt;br /&gt; The &quot;Law of Nations&quot; cannot legislate, because only the Congress can legislate.  The &quot;Law of Nations&quot; cannot execute, because only the Congress can execute.  The &quot;Law of Nations&quot; cannot judge, because only the Supreme Court (and such inferior courts) can judge.  And everything that those branches can&#039;t do can only be done by the States.&lt;br /&gt; &lt;br /&gt; [1] &lt;a href=&quot;http://www.tdaxp.com/archive/2005/09/20/international-law-and-boydian-instructional-psychology.html&quot; target=&quot;_blank&quot; rel=&quot;nofollow&quot;&gt;http://www.tdaxp.com/archive/2005/09/20/international-law-and-boydian-instructional-psychology.html&lt;/a&gt;&lt;/p&gt; </description>
		<content:encoded><![CDATA[<p>ElamBend,</p>
<p> Back when I was studying International Law, two major methods were described for creating it &#8220;silence is refusal&#8221; (as in treaties) and &#8220;silence is consent&#8221; (as in, customs &amp; norms).  [1] Another set I heard of as sources of international law are treaties, international court decisions, customs, and scholarship.</p>
<p> I agree with you on previous Catholic and Muslim international laws.  The professors take when I suggested that was &#8220;no one who knows anything about international law could possibly say that.&#8221;   So we had similar experiences <img src='http://www.tdaxp.com/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
<p> To me, this comes down to the nature of our Republic.</p>
<p> Every argument that international law has any effect comes from Article I Section I, granting Congress the power &#8220;To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations.&#8221;  Thus while Congress is certainly free to &#8220;punish&#8230; Offenses against the Law of Nations&#8221;<br /> this is in the context of the facts that</p>
<p> &#8220;All legislative Powers herein granted shall be vested in a Congress of the United States&#8221; &#8230; &#8220;The executive Power shall be vested in a President of the United States of America.&#8221; and &#8220;The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.&#8221;</p>
<p> And, of course, &#8220;The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.&#8221;</p>
<p> The &#8220;Law of Nations&#8221; cannot legislate, because only the Congress can legislate.  The &#8220;Law of Nations&#8221; cannot execute, because only the Congress can execute.  The &#8220;Law of Nations&#8221; cannot judge, because only the Supreme Court (and such inferior courts) can judge.  And everything that those branches can&#39;t do can only be done by the States.</p>
<p> [1] <a href="http://www.tdaxp.com/archive/2005/09/20/international-law-and-boydian-instructional-psychology.html" target="_blank" rel="nofollow">http://www.tdaxp.com/archive/2005/09/20/international-law-and-boydian-instructional-psychology.html</a></p>
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		<title>By:  ElamBend </title>
		<link>http://www.tdaxp.com/archive/2006/11/18/homeland-security-secretary-blasts-international-law.html/comment-page-1#comment-15298</link>
		<dc:creator> ElamBend </dc:creator>
		<pubDate>Wed, 30 Nov -0001 00:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.tdaxp.com/archive/2006/11/18/homeland-security-secretary-blasts-international-law.html#comment-15298</guid>
		<description> &lt;p&gt;Yes, that document drives many crazy who would impose their ideology upon us (from within and out).&lt;br /&gt; &lt;br /&gt; As for professors of International Law, I assume that most got into the field not to study it so much as to promote it.&lt;/p&gt; </description>
		<content:encoded><![CDATA[<p>Yes, that document drives many crazy who would impose their ideology upon us (from within and out).</p>
<p> As for professors of International Law, I assume that most got into the field not to study it so much as to promote it.</p>
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