Thermodolia wrote:No it’s not. It’s up to the President to decide if “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces” is occurring.
When you have law that says "X can do Y in case Z" it's never, never up to X alone to decide what constitute case Z or not, or it would be granting power to do Y in all cases. That's a very basic principle of rule of law. The president may think it's a "national emergency created by attack", if the officer thinks it's not, he doesn't have to obey. He can be court martial-ed or judged for treason if he was wrong - but not if he actually was right. And in this case it's obvious it's not that actually obeying would be the illegal thing to do.
Thermodolia wrote:And you really think that the US actually cares about International treaties?
We were speaking of legality - would obeying be legal, would disobeying be legal ? In that regard, international treaties do matter more than laws. That US usually doesn't respect them in practice is irrelevant here.