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no1marauder
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@mister-moggy said
@Earl-of-Trumps

putting constitutional issues aside for the moment it is clear to me that nuclear weapons in other nations made it pragmatically necessary to give the executive the unilateral authority to use
weapons of war without congressional approval.

absent an enemy or a coalition with a nuclear member, it is only
congress who should commit troops to war but ...[text shortened]... roops without a declaration of war from congress if it is an
embassy under attack or a ship at sea.
This is not an instance where there has been a sudden, unprovoked attack on the US where principles of self-defense might justify immediate action.

Regardless of what Congress has or hasn't done in the past, the Constitution is clear.

EDIT: The international law standard for "anticipatory self-defense" is the Caroline test:

The Caroline test is a 19th-century formulation of customary international law, reaffirmed by the Nuremberg Tribunal after World War II, which said that the necessity for preemptive self-defense must be "instant, overwhelming, and leaving no choice of means, and no moment for deliberation."

The terms "anticipatory self-defense", "preemptive self-defense" and "preemption" traditionally refers to a state's right to strike first in self-defense when faced with imminent attack.[3] In order to justify such an action, the Caroline test has two distinct requirements:

The use of force must be necessary because the threat is imminent and thus pursuing peaceful alternatives is not an option (necessity);
The response must be proportionate to the threat (proportionality).[4]

https://en.wikipedia.org/wiki/Caroline_test

Clearly nothing Iran had done meets such stringent conditions.

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@no1marauder said
This is not an instance where there has been a sudden, unprovoked attack on the US where principles of self-defense might justify immediate action.

Regardless of what Congress has or hasn't done in the past, the Constitution is clear.
You are such a hypocrite.

no1marauder
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@eladar said
You are such a hypocrite.
How so?

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@mister-moggy said
@Earl-of-Trumps

putting constitutional issues aside for the moment it is clear to me that nuclear weapons in other nations made it pragmatically necessary to give the executive the unilateral authority to use
weapons of war without congressional approval.

absent an enemy or a coalition with a nuclear member, it is only
congress who should commit troops to war but ...[text shortened]... roops without a declaration of war from congress if it is an
embassy under attack or a ship at sea.
Frankly, putting the head of state in charge of the military is banana republic-tier. No idea why you guys put up with it.

no1marauder
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@kazetnagorra said
Frankly, putting the head of state in charge of the military is banana republic-tier. No idea why you guys put up with it.
Who is supposed to be the head of the military? Clearly it was meant to exert civilian control over the military; do you oppose that?

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@no1marauder said
How so?
The Constitution is also clear that the Federal government is not allowed to control state land. The Constitution also limits the types of land that the Federal government can own.

Yet you have no problem with the Federal government owning half of the Western US.

no1marauder
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@eladar said
The Constitution is also clear that tjeFederal government is not allowed to control state land. The Constitution also limits the types of land that the Federal government can own.

Yet you have no problem with the Federal government owning half of the Western US.
The Constitution says no such thing as I already explained to you.

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@no1marauder said
The Constitution says no such thing as I already explained to you.
I quoted the Constitution but you ignored it. As I said, hypocrite.

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@no1marauder said
If he wants to veto it, he'll have to veto the entire Defense budget IF the Senate agrees to the Amendment.
Good

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@no1marauder "Clearly nothing Iran had done meets such stringent conditions."

Agreed. Ditto for Iraq, Afghanistan, Viet Nam

no1marauder
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@earl-of-trumps said
@no1marauder "Clearly nothing Iran had done meets such stringent conditions."

Agreed. Ditto for Iraq, Afghanistan, Viet Nam
True enough, but Congress did authorize all those misadventures.

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@no1marauder said
Who is supposed to be the head of the military? Clearly it was meant to exert civilian control over the military; do you oppose that?
The head of the military should be a general who answers to the ministry of war, which in turn should answer to the legislature. Power should not be centralized in a single person.

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@kazetnagorra said
Frankly, putting the head of state in charge of the military is banana republic-tier. No idea why you guys put up with it.
Kaz, I don't disagree with that. Truly. There is one big problem... our founding fathers wrote it into our constitution.

Here is my sentiment about "laws". Respect them or change them, don't break them.

As an example, let's go back to the 2016 election. Trump was elected with less than majority vote. People don't think it's fair. Well, Ok, change the law! but damm it, don't just break the law and install Clinton, for gad's sake. And there is a movement in the US to make the election of the POTUS just like every other election in the US, majority of the vote wins. I'm fine with that if it passes congress. No sweat. Same with taking the power of Commander in Chief away from the President. But Washington is so slow about these types of changes.

no1marauder
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@kazetnagorra said
The head of the military should be a general who answers to the ministry of war, which in turn should answer to the legislature. Power should not be centralized in a single person.
During war time, it is impractical for the legislature to exert control over military operations. Some figure in the Executive Department must be in ultimate control and that might as well be the head of the Department.

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@whodey said
Iran may very well manufacture some real or perceived grievance to withdraw from the JCPOA as well as from the NPT, claiming that the latter was signed during the Shah’s regime and must therefore be abrogated. It could manufacture similar excuses to withdraw from its commitment not to violate the object and purpose of the Comprehensive Nuclear Test Ban Treaty (CTBT), which it ...[text shortened]... ter.

How comfortable should we be with this commitment from Iran? It should give all of us pause.
Good post. Thanks, Trust Iran.. Ha ha ha

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