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	<title>Comments on: HackWatch: John Yoo Edition</title>
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	<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/</link>
	<description>It rankles me when somebody tries to tell somebody what to do.</description>
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		<title>By: qbit</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227824</link>
		<dc:creator>qbit</dc:creator>
		<pubDate>Wed, 07 Jan 2009 03:54:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227824</guid>
		<description>well, john yoo also said that if the president says to torture children sexually, thats ok.</description>
		<content:encoded><![CDATA[<p>well, john yoo also said that if the president says to torture children sexually, thats ok.</p>
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		<title>By: jwh</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227327</link>
		<dc:creator>jwh</dc:creator>
		<pubDate>Mon, 05 Jan 2009 22:05:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227327</guid>
		<description>Claude,

Obama will give you your 10 by April Fool&#039;s Day.......guaranteed.</description>
		<content:encoded><![CDATA[<p>Claude,</p>
<p>Obama will give you your 10 by April Fool&#8217;s Day&#8230;&#8230;.guaranteed.</p>
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		<title>By: John Jenkins</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227326</link>
		<dc:creator>John Jenkins</dc:creator>
		<pubDate>Mon, 05 Jan 2009 22:03:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227326</guid>
		<description>Sorry, the last sentence of the first paragraph of the prior post should read A treaty does not *necessarily* become part of domestic law when ratified by the Senate.</description>
		<content:encoded><![CDATA[<p>Sorry, the last sentence of the first paragraph of the prior post should read A treaty does not *necessarily* become part of domestic law when ratified by the Senate.</p>
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		<title>By: John Jenkins</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227325</link>
		<dc:creator>John Jenkins</dc:creator>
		<pubDate>Mon, 05 Jan 2009 22:01:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227325</guid>
		<description>@Nando:  Some treaties are &quot;self-executing,&quot; while others require congress to enact statutes to give them effect.  See Missouri v. Holland, 252 U.S. 416 (1920) and Medellín v. Texas, 552 U.S. ___ (2008).  A treaty does not become part of domestic law when ratified by the Senate.

@SJE:  You are mistaken.  I am referring to the president&#039;s plenary authority to negotiate with other states on behalf of the United States, provided in Art. II, § 3 of the Constitution.  The legislature has no formal role in that process, other than in appropriations and the Senate&#039;s advice and consent role provided in Art. II,  § 2.  I don&#039;t think anyone seriously disputes the President&#039;s authority in that regard.  See http://law.onecle.com/constitution/article-2/34-conduct-of-foreign-relations.html for a discussion.  Even when operating in that arena, the President is limited by the Constitution and other laws of the United States.</description>
		<content:encoded><![CDATA[<p>@Nando:  Some treaties are &#8220;self-executing,&#8221; while others require congress to enact statutes to give them effect.  See Missouri v. Holland, 252 U.S. 416 (1920) and Medellín v. Texas, 552 U.S. ___ (2008).  A treaty does not become part of domestic law when ratified by the Senate.</p>
<p>@SJE:  You are mistaken.  I am referring to the president&#8217;s plenary authority to negotiate with other states on behalf of the United States, provided in Art. II, § 3 of the Constitution.  The legislature has no formal role in that process, other than in appropriations and the Senate&#8217;s advice and consent role provided in Art. II,  § 2.  I don&#8217;t think anyone seriously disputes the President&#8217;s authority in that regard.  See <a href="http://law.onecle.com/constitution/article-2/34-conduct-of-foreign-relations.html" rel="nofollow">http://law.onecle.com/constitution/article-2/34-conduct-of-foreign-relations.html</a> for a discussion.  Even when operating in that arena, the President is limited by the Constitution and other laws of the United States.</p>
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		<title>By: SJE</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227294</link>
		<dc:creator>SJE</dc:creator>
		<pubDate>Mon, 05 Jan 2009 20:38:07 +0000</pubDate>
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		<description>Nando: Jenkins seems to be pushing the &quot;plenary&quot; executive theory that was orginally advanced by Yoo et al.  Of course, this constitutional theory has been trashed, although Bush et al continue to act as if they are above the law.</description>
		<content:encoded><![CDATA[<p>Nando: Jenkins seems to be pushing the &#8220;plenary&#8221; executive theory that was orginally advanced by Yoo et al.  Of course, this constitutional theory has been trashed, although Bush et al continue to act as if they are above the law.</p>
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		<title>By: Nando</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227289</link>
		<dc:creator>Nando</dc:creator>
		<pubDate>Mon, 05 Jan 2009 20:32:43 +0000</pubDate>
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		<description>John Jenkins,

As far as I know, every treaty ratified by the Senate becomes part of US law.  Therefore, the President is bound by law to follow them and cannot, unilaterally, decide that the treaty is no longer valid.  This must be done by the Senate and approved by the President, just the way that the treaty was ratified.  It is part of our checks and balances and keeps both in check.</description>
		<content:encoded><![CDATA[<p>John Jenkins,</p>
<p>As far as I know, every treaty ratified by the Senate becomes part of US law.  Therefore, the President is bound by law to follow them and cannot, unilaterally, decide that the treaty is no longer valid.  This must be done by the Senate and approved by the President, just the way that the treaty was ratified.  It is part of our checks and balances and keeps both in check.</p>
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		<title>By: Lior</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227273</link>
		<dc:creator>Lior</dc:creator>
		<pubDate>Mon, 05 Jan 2009 20:12:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227273</guid>
		<description>Since Yoo was at the forefront of the argument that the president&#039;s &quot;war-making&quot; authority extends into the US, him suddenly seeing the light about the distinction between &quot;foreign&quot; and &quot;domestic&quot; is quite amusing.</description>
		<content:encoded><![CDATA[<p>Since Yoo was at the forefront of the argument that the president&#8217;s &#8220;war-making&#8221; authority extends into the US, him suddenly seeing the light about the distinction between &#8220;foreign&#8221; and &#8220;domestic&#8221; is quite amusing.</p>
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		<title>By: John Jenkins</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227253</link>
		<dc:creator>John Jenkins</dc:creator>
		<pubDate>Mon, 05 Jan 2009 19:45:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227253</guid>
		<description>I hate to side with Yoo on anything, but I think that the constitutional argument that the president has the authority to abrogate all treaties is not that far-fetched (though I think it would apply to all treaties).

By way of analogy, cabinet secretaries (like treaties) are subject to the approval of the Senate, and all of them serve at the pleasure of the president.  Now, the treaty power requires approval of 2/3 of the Senate, so there is a difference that might justify different treatment, but given the plenary nature of the President&#039;s power in international affairs, I would argue that the difference is not sufficient to require the President to acquiesce to treaties that he believes are no longer in the best interests of the nation.

Of course, if a treaty is not self-executing and the congress has enacted legislation (whether signed by the president or effected after overriding a veto) giving effect to a treaty, then the president is without authority to disregard the law, and the power to abrogate treaties is meaningless.</description>
		<content:encoded><![CDATA[<p>I hate to side with Yoo on anything, but I think that the constitutional argument that the president has the authority to abrogate all treaties is not that far-fetched (though I think it would apply to all treaties).</p>
<p>By way of analogy, cabinet secretaries (like treaties) are subject to the approval of the Senate, and all of them serve at the pleasure of the president.  Now, the treaty power requires approval of 2/3 of the Senate, so there is a difference that might justify different treatment, but given the plenary nature of the President&#8217;s power in international affairs, I would argue that the difference is not sufficient to require the President to acquiesce to treaties that he believes are no longer in the best interests of the nation.</p>
<p>Of course, if a treaty is not self-executing and the congress has enacted legislation (whether signed by the president or effected after overriding a veto) giving effect to a treaty, then the president is without authority to disregard the law, and the power to abrogate treaties is meaningless.</p>
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		<title>By: claude</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227242</link>
		<dc:creator>claude</dc:creator>
		<pubDate>Mon, 05 Jan 2009 19:15:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227242</guid>
		<description>Whats it take to get a 10?</description>
		<content:encoded><![CDATA[<p>Whats it take to get a 10?</p>
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		<title>By: SJE</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227238</link>
		<dc:creator>SJE</dc:creator>
		<pubDate>Mon, 05 Jan 2009 19:02:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227238</guid>
		<description>Radley, perhaps you should calibrate the Hackery Index, so that Hi 9 = Yoo.  That is pretty Hack-tastic.</description>
		<content:encoded><![CDATA[<p>Radley, perhaps you should calibrate the Hackery Index, so that Hi 9 = Yoo.  That is pretty Hack-tastic.</p>
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		<title>By: Mister DNA</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227233</link>
		<dc:creator>Mister DNA</dc:creator>
		<pubDate>Mon, 05 Jan 2009 18:49:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227233</guid>
		<description>Jeff,

I get the feeling that the Two Bobs are probably John Bolton fans, as well.</description>
		<content:encoded><![CDATA[<p>Jeff,</p>
<p>I get the feeling that the Two Bobs are probably John Bolton fans, as well.</p>
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		<title>By: Jeff</title>
		<link>http://www.theagitator.com/2009/01/05/hackwatch-john-yoo-edition/comment-page-1/#comment-227229</link>
		<dc:creator>Jeff</dc:creator>
		<pubDate>Mon, 05 Jan 2009 18:46:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=11638#comment-227229</guid>
		<description>It was John Bolton, not Michael, though the Freudian slip was pretty awesome.

/both no-talent ass clowns</description>
		<content:encoded><![CDATA[<p>It was John Bolton, not Michael, though the Freudian slip was pretty awesome.</p>
<p>/both no-talent ass clowns</p>
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