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Mojo_PeiPei · 04-05-2006, 07:03 AM

Congress still authorized the use of force for both conflicts, as a sovereign state that makes them nice and legal.

As far as references for my point about war time powers or peace time powers... Laws always stand on the books, unless of course they are repealed or found unconstitutional. After an incident congress may tack on more laws, say like 9-11 leading to the patriot act, but that then becomes law and only has bearing from that point forward. Laws cannot work retroactively, that is what is called ex post facto, and it is illegal.

As far as spies go, there is always going to be standing law on the books for their handling as you don't need to be in war time to deal with them. An exapmle of standing law in designation of combatants in war time or not could be the ratification of the Hague treaty; if congress ratified the treaty then it is codified law and is wholely applicable at any point.

Or perhaps the best example was the Rosenbergs, the couple put to death after it was revealed that Mr. Rosenberg aided the communists with American military secrets, his wife was charged and convicted with him. They were put to death as spies,the US was not in any declared conflict, we might've been in Korea, but I don't think we declared war for that one.

Espionage is illegal at all times, although it might be held that is times of conflict it's penalty increases. Much like deserting the Army, severe in peace time, in time of war they can shoot your ass. Treason on the other hand is always standing, it is the only criminal law that can be found addressed in the constitution.

Hope that helps

04-05-2006, 07:03 AM	#22 (permalink)
Mojo_PeiPei Kiss of Death Location: Perpetual wind and sorrow	Congress still authorized the use of force for both conflicts, as a sovereign state that makes them nice and legal. As far as references for my point about war time powers or peace time powers... Laws always stand on the books, unless of course they are repealed or found unconstitutional. After an incident congress may tack on more laws, say like 9-11 leading to the patriot act, but that then becomes law and only has bearing from that point forward. Laws cannot work retroactively, that is what is called ex post facto, and it is illegal. As far as spies go, there is always going to be standing law on the books for their handling as you don't need to be in war time to deal with them. An exapmle of standing law in designation of combatants in war time or not could be the ratification of the Hague treaty; if congress ratified the treaty then it is codified law and is wholely applicable at any point. Or perhaps the best example was the Rosenbergs, the couple put to death after it was revealed that Mr. Rosenberg aided the communists with American military secrets, his wife was charged and convicted with him. They were put to death as spies,the US was not in any declared conflict, we might've been in Korea, but I don't think we declared war for that one. Espionage is illegal at all times, although it might be held that is times of conflict it's penalty increases. Much like deserting the Army, severe in peace time, in time of war they can shoot your ass. Treason on the other hand is always standing, it is the only criminal law that can be found addressed in the constitution. Hope that helps __________________ To win a war you must serve no master but your ambition.