President Obama and Compliance with Domestic Versus International Law

Last week I asked whether Presidents have a stronger obligation to obey domestic law than they do to obey international law, and suggested at least one argument for that view. In a very interesting pair of posts, Marty Lederman provides reason to think that President Obama may have this view as well. Treaties have legal status both as domestic law and international law, but they can have different statuses. Congressional authorization would trump the U.N. Charter as a matter of domestic law, even though an attack on Syria would probably still violate the Charter as a matter of international law. There’s much more detailed analysis in his posts.

Powered by WordPress. Designed by Woo Themes