constitutionally authorized genocide?

Marty Lederman marty.lederman at comcast.net
Fri Jun 2 13:04:20 PDT 2006


I should add, in case it was not clear, that this "logic" -- that the President could order genocide, or use of nuclear weapons, or torture, in order to defeat the enemy -- does not, in my view, mean that the C-i-C argument is wrong.  Radical, yes, and ultimately misguided, IMHO, but not wrong because of such implications.

 
----- Original Message ----- 
From: "Andrew Koppelman" <akoppelman at law.northwestern.edu>
To: "Scott Gerber" <s-gerber at onu.edu>
Cc: <conlawprof at lists.ucla.edu>
Sent: Friday, June 02, 2006 3:56 PM
Subject: Re: constitutionally authorized genocide?


> It's not a slippery slope argument.  It's a legal question about the logic 
> of the position.  Is it or is it not the case that, under the 
> administration's argument, genocide would be authorized?  I am not claiming 
> that Bush would commit genocide.
> 
> 
> At 02:02 PM 6/2/2006, Scott Gerber wrote:
>>Andrew:
>>
>>Perhaps you are making a slippery slope argument? (I think Eugene V
>>would have much to say on this point, in light of his Harvard Law
>>Review piece.)  Or perhaps you aren't missing anything?  (I think Sandy
>>L could speak to this point, as a number of his posts in recent months
>>concern the president's alleged authoritarian tendencies.)
>>
>>Scott
> 
> 
> ________________________________________
> 
> Andrew Koppelman
> Professor of Law and Political Science
> Northwestern University School of Law
> 357 East Chicago Avenue
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> ________________________________________ 
> 
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