[Vision2020] Drone discussion Violation of UN Charter?

[Wayne Price]

Sunil,

I'm puzzled by the actions of the government in light of the US being  
a signatory of the UN Charter, specifically Article 2 (4):

"All Members shall refrain in their international relations from the  
threat or use of force against territorial integrity or political  
independence
of any state, or in any other manner inconsistent  with the purpose of  
the United Nations."

When viewed in light of Art VI, clause 2 of the US Constitution, which  
reads:

"The Constitution, and the Laws of the United States which shall be  
made in Pursuance thereof; and all Treaties made, or which shall be  
made,
under the Authority of the United States, shall be the supreme Law of  
the Land; and the Judges in every State shall be bound thereby, any  
Thing
in the Constitution or Laws of any State to the Contrary  
notwithstanding."

The US Constitution incorporates the UN Charter,  as a treaty, as part  
of the "supreme Law of the Land", and as such, anything done
that violates that charter becomes unconstitutional.

Now, having said that, how does the violation of the UN Charter, i.e.  
the invasion of the airspace of Pakistan, and the killing of people on  
Pakistani
soil, even if done via drones as opposed to manned aircraft, meet any  
kind of Constitutional justification?  Add to that the actual invasion  
of Pakistan
to  kill Osama Bin Laden by US military forces, are not both of those  
acts unconstitutional and subject to prosecution? Shouldn't the  
President,
no matter who it is, and no matter what it is in response of, uphold  
the US Constitution? And if he/she doesn't, shouldn't they be held  
accountable?

Or is it a matter of the president can even ignore the US Constitution  
as long as it's against someone/some country we don't care for at the  
time?

Wayne







On Sep 25, 2012, at 6:30 AM, Sunil Ramalingam wrote:

> Here is a link to Glenn Greenwald's discussion of a report by  
> researchers from NYU and Stanford's law schools, on the Obama drone  
> policy:
>
> http://www.guardian.co.uk/commentisfree/2012/sep/25/study-obama-drone-deaths
>
> Given these policies, are there any limits on the power of the  
> executive branch?
>
> Sunil
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