The Constitution in Wartime

Findlaw has an excellent essay discussing the history of law in wartime. The author makes the point very elegantly that inter arma silent leges (usually translated "in time of war the law is silent", but I prefer "in the face of arms, the law is silent"). Richard Stallman has an essay on a similar theme, not quite as good, but still worth reading.

Comments

Somebody explain something to me

[Zen Mastuh]

IAAA (I am an American), but I don't understand why we are at war--especially with Afghanistan. We were attacked by people who have never claimed responsibility. It is possible that all who were involved perished in the crashes. Our government and the major media want us to believe that Osama ibn Laden was responsible, despite the fact that he actually claims responsibility for his attacks. He is a guest of the Taleban, who has told us (since 9/xx) that they will turn him over upon receipt of conclusive evidence. The Taleban has offered to negotiate several times; meanwhile, Bush's claim that "we will use Diplomacy" remains untrue (he has rejected every offer). Bush refuses to turn over any evidence, citing "National Security"--does that mean that Americans would riot in the streets if they knew what was really happening? Now we are bombing the shit out of the poorest nation in the world because they are bound under their Holy Law to protect their guest. We slander them on TV with false stories about opium (which can't grow in a four-year drought...), while we are using neighboring Uzbehkistan--#2 worldwide in opium production--as an air base for our troop transports, just like we did with Laos/Cambodia during VietNam (search on google.com for Bo Gritz if this doesn't ring a bell).

Back to the topic, our politicians and lobbyists are shredding the Constitution with the full support of the misled American majority. This wasn't in the EULA. I wish to move to a country with more civil liberties, such as Germany.