| Monday,
March 21, 2011
Traditional First Day of Spring
It is raining in Los Angeles. The sun was out for a couple
of hours earlier, but more storms are moving in. It's cold for Los Angeles,
but that equates to chilly and an extra layer of clothing, not life
threatening cold. We count our blessings.
War Powers
An update which is a correction of sorts: there are
two holes in the roof of Gaddafi's palace as I
reported last night, but the US military now says that Gaddafi is not a
target. This probably means that some component of the Tripoli air defense
system was installed in or on the palace. Possibly there was a radar on the
roof. The Arab League is unhappy that we are bombing Arabs. I have not see
the teddy bears yet, but it's early on: I still expect to see at least one.
The President claims the War Powers Resolution as the
authorization for the gunboat style bombardment of Libyan air defense
forces. I presume he uses Harvard Law School logic: the US is a signatory to
the UN treaty. The UN has called for a no-fly zone in Libya. The US is
obligated to carry out the mandates of the UN, because treaties are the
supreme law of the land and rank with the Constitution. The War Powers
Resolution gives the President the power to resist attacks on US forces. Any
attempt to impose the no-fly zone would inevitably expose US forces to
attack from Libyan air defenses, and therefore it would be absurd to send in
US aircraft over Libya while those air defense forces are intact; therefore
carrying out the UN resolution did expose US forces to attack, and therefore
the preemptive strikes on Libyan air defense targets was within the powers
given by the War Powers Resolution. QED.
As to US obligations under treaties, and reservations about
the treaty process being a way to amend the US Constitution by other means,
see discussions of The Bricker Amendment. The Wiki entry
http://en.wikipedia.org/
wiki/Bricker_Amendment
is a flawed but not unreasonable introduction to the subject. The Bricker
Amendment was strongly supported by National Review and other
conservative publications, and Eisenhower's objections to it were one of the
reasons John Birch Society leader Robert Welch proclaimed Eisenhower a
communist agent. Note the applicability of Niven's Law to this situation:
there is no cause so correct or noble that it will not attract fuggheads.
Note that there is in fact some validity to the President's
logic as explicated above. (Note also that I made it up: this is not based
on any official statement I know of.) If you grant that the US is obligated
to respond to the UN resolution imposing a no-fly zone, then the rest
certainly follows, and any President who sent in US forces without adequate
preparation would and should be condemned. However: the US holds a veto over
such UN resolutions, and in fact the US sought that resolution. The counter
argument here is that a UN resolution cannot give the President of the
United States power to make wars without the consent of Congress, and if the
President believes the US is obligated to act when the UN mandates such an
action, then he ought not consent to such a UN resolution without
authorization of Congress. That, however, contradicts the almost universally
approved doctrine that matters of foreign policy are pretty much the
business of the President and the President alone, and while Congress and
particularly the Senate may advise the President, neither Congress nor
Senate have any veto over how the President uses the UN votes and veto
powers.
It may be time to reopen the Bricker Amendment discussions.
It is almost certainly time to reconsider the wording of the War Powers
Resolution. In particular, this may be a very good time indeed because the
US is not yet irrevocably committed in Libya. It is not unlikely that left
to themselves, Libya will play out in a way that does suck US forces in as
we strike this tar baby. (Note) Usually when we debate the limits to the power of
the president to make (as opposed to declare) war, it is already too late:
we are in, and the Legions need our support. This time we are not yet in,
and we have no particular obligations to anyone. A good time for a real
debate on these matters.
As to my views, I have no objection to wringing Gaddafi's
neck, but I do not believe that decision belongs to the President alone.
This is a matter for the Congress of the United States to decide. The nature
and quality of debates on this matter should be illustrative. They might
even change people's opinions about the present leadership qualities in the
United States.
=== ===
Note: Brer
Rabbit and the Tar Baby is from the Joel Chandler Harris
Uncle Remus Stories,
which were highly rated by Mark Twain, and were taught along with other
American stories in 6th grade at Capleville consolidated when I was going to
school outside Memphis in the 1940's. "Uncle" was considered a respectful
term for white children to call elderly blacks in the segregated Old South
================
In Japan, the situation is stable, which means under
control, which means that barring new disasters (such as another big
earthquake and tsunami) the nuclear matter is on course for an ending with
the results being about what was rationally expected when it began: this
wasn't Chernobyl. Some plant workers were injured, and there were measurable
but not harmful releases of radiation off site, with the possibility
of more significant and possibly harmful releases to come, but with a
definite and rather small upper limit. The major off site
harm will prove to be due to hysteria.
From the MIT report:
Radiation monitors in the area
near the plant have shown gradually decreasing readings since spikes on 15
March following the loud noises and apparent rupture of the torus of unit 2.
While levels were above natural background radiation they have not posed a
threat to public health.
For more and a situation report as of Sunday afternoon, see
http://mitnse.com/, where you will also
find more background information. So far as I can tell, the nuclear crisis
is over, and Japan an turn full attention to the real disaster: the
aftermath of an unprecedented earthquake and tsunami followed by freezing
weather. Tens of thousands in refugee centers without water and power. Roads
blocked or non-existent. Airfields covered with debris. A bad hit in
electric power supply at a time when power is needed.
Despite the hysteria of the Western Media, Japan has handled
the nuclear situation well and honorably.
=============
There was mail Saturday and Sunday on several topics of
interest. Begin with
this one. There is also an on the spot report from a long time
subscriber in Tokyo.
==============
Over in mail
the question is asked:
where is Congress in all this Libyan action?
========
Japan explains nuclear problem to
Japanese kids
HI Jerry,
It all makes much more sense now
http://www.youtube.com/watch?v=gXPN4dfBAGU (4:34)
Stay with it for at least 20 seconds.
- Paul
Actually I wish we could make every news reporter watch all
of it! It's not a bad presentation.
============
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