Stardate 20020328.0908

(On Screen): Experts in Europe are trying to claim that if the US attacks Iraq, it may well be violating the law.

What law? Why, International Law. (Oh, how could I have forgotten.) Seems that the US has to get permission from everyone else (i.e. the UN Security Council) before it's permitted to wage war against anyone.

I got news for the European Experts. The only law that controls American decisions to go to war is the US Constitution. Article I, Section 8 says:

The Congress shall have Power...
...to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.

Nothing in there about the UN.

There is some question about just how broad of a grant of power last September's invocation of the War Powers act really was, and whether it would require a further act of Congress before operations in Iraq. That is under debate now. Under the War Powers act, the President can probably begin operations there without permission. I believe he's permitted 60 days and after that he has to get permission from Congress or pull out.

But if we decide to take out Iraq, we aren't going to go to the Security Council on bended knee and ask for permission. Among other things, it would probably require a briefing using classified information, and Syria is a member of the Security Council.

Another good reason for not doing that is that doing so would telegraph our plans to our enemy. That is always a mistake; the last thing you want to do is to let your enemy know both what you plan and what limits you're operating under. Far better to leave him uncertain about both your intentions and your capabilities.

This is yet another part of the chorus we've been hearing for months: "Why don't you Yanks stop acting unilaterally and start being team players, what?"