Thursday, September 07, 2006  Useful blogosphere analysis of
yesterday's Bush administration war on terrorism proposed
legislation  (Update, September 17, 2006. I have an additional
post on why and to what extent it is okay and not okay, and
indeed required, for Congress to define the meanings of terms in
Common Article Three, here.)  Law professors have been busily at
work dissecting the Bush administration's offerings yesterday in
the war on terror. Julian Ku at Opinio Juris, here, discusses
Congress's power to determine what US domestic law is, even
where it in effect provides interpretations of international law
obligations of the US that are not what the (nebulous and let's
just be honest and say European) international community's view
of that is. Julian notes that this is simply the result of the
last in time rule, if nothing else. Note particularly the
reactions from abroad in the comments - which, while all
admirably civil, range from politely puzzled to politely
appalled. Marty Lederman also comment