If Trump orders the military to attack Greenland do you consider that an illegal order?

[Fenixgoon]

Well I was active duty when Bush decided to invade Iraq absent a declaration of war and I participated so I guess I have my answer.

You can have a different answer than you initially did 20 years ago based on new information and experiences.

I was very much in favor of Iraq 20 years ago. I'm very much not now (not that that changes the past).

 

[Ken g6]

Illegal how? If the president of the USA orders it, NOT illegal by US law. Potentially illegal and worthy of getting hauled to the Hague? Absolutely.

I had to look this up. The USA ratified the North Atlantic Treaty. That gives it the force of law. The President just ordering an attack on a NATO member would thus be an illegal order.

Which leads to the question, how do treaties get repealed? The answer seems to be ordinary legislation. So I'd say any congressional legislation effectively abrogating the North Atlantic Treaty would give Trump the right to order an attack on Greenland.

The key words there are "effectively abrogating". Does a declaration of war, absent leaving NATO, do that? Probably...but that could be up to the Supreme Court.

 

[fskimospy]

You can have a different answer than you initially did 20 years ago based on new information and experiences.

I was very much in favor of Iraq 20 years ago. I'm very much not now (not that that changes the past).

I know - but I really don’t. That element of the constitutional order has not existed since at least about thirty years before I was born. It’s not a thing.

 

[BoomerD]

I had to look this up. The USA ratified the North Atlantic Treaty. That gives it the force of law. The President just ordering an attack on a NATO member would thus be an illegal order.

Which leads to the question, how do treaties get repealed? The answer seems to be ordinary legislation. So I'd say any congressional legislation effectively abrogating the North Atlantic Treaty would give Trump the right to order an attack on Greenland.

The key words there are "effectively abrogating". Does a declaration of war, absent leaving NATO, do that? Probably...but that could be up to the Supreme Court.

Ask the native American tribes about treaties with the US government...and youse are all missing the point. Trump believes he IS the law...and with majorities in noth houses...and a conservative USSC, he can do WTF ever he wants.

 

[nakedfrog]

Ask the native American tribes about treaties with the US government...and youse are all missing the point. Trump believes he IS the law...and with majorities in noth houses...and a conservative USSC, he can do WTF ever he wants.

He can, right up until he can't (if at some point, he can't).

 

[biostud]

To be fair, freedom of speech does not apply to forums.

But I get your point that the people who shout freedom of speech the loudest are usually the ones who dont actually want freedom of speech

Sure, if it breaks the forum rules or any legality issues, but that was hardly the case of the question...