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Elizabeth Goitein

๐Ÿ‘ค Speaker
132 total appearances

Appearances Over Time

Podcast Appearances

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

Under our constitutional system, it is Congress, not the president, who decides when, where and against whom the nation goes to war.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

Now, certainly, if the United States is attacked and if it's necessary to use force for self-defense, the president does not have to wait for Congress.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

He does have inherent constitutional authority in that situation to use military force.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

But of course, that's not the case here.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

in Greenland.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

It wasn't the case in Venezuela.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

And also, you know, the United States is a signatory to the UN Charter, under which we can't just go into a sovereign country and take it over.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

And that treaty has been ratified by the Senate.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

That means it is the law of the land, and the president is required, again, under our constitution, to faithfully execute the law.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

So on numerous counts, it would be not only illegal, but a violation of the separation of powers in the Constitution, a violation of the president's obligations to execute the law for the president to take these actions.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

It's not a close call.

Fresh Air
Are ICE Agents In Minneapolis Breaking The Law?

The president does not have the legal authority to invade and take over Greenland.

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