Posts Tagged ‘Yugoslavia’

Secession’s Dueling Rules: Self-Determination vs. Uti Possidetis

The biggest problem often is that “peoples” are theoretically guaranteed the right to divorce, but territory isn’t. Yet necessarily and thus inevitably, separating “peoples” wants to break off chunks of territory with them. And the United Nations Charter which guarantees the right to secede says nothing about how maps are redrawn. So what becomes of the map when one “people” decides to withdraw?

Just Following Orders

Just Following Orders   [I]t can never be maintained that a military officer can justify himself for doing an unlawful act, by producing the order of his superior. Chief Justice Taney, Mitchell v. Harmony, 54 U.S. 115, 137 (1851)[1]              Last time, we started with the premise that the MPs who abused the detainees […]

War Powers, War Lies: Part 5: Outgunned

Without the aid of the courts, Congress is no match for the Executive. Presidents decide, period. Congress, outgunned by the Executive and deserted by the Judiciary, goes along. The Framers would have been dismayed.