...by declaring a US obligation to adhere to a treaty never ratified by Congress.
But then, we all know it's all about the ideology, don't we? The pseudo-intellectual legal rumination, just like every case made for anything by this President, is just a facade.
Douglas Feith in the WSJ:
"If Article 75 is accepted as customary international law, then how could Mr. Obama deny that the rest of Protocol 1 also qualifies? And what of all other treaties with a long list of parties? If a large number of countries, simply by joining a treaty, can convert it promptly into customary law, then America loses its right to opt out.
"In the coming months, the Senate will have the opportunity to declare that Protocol 1 is not, in whole or in part, a U.S. legal obligation. It can shore up American sovereignty by making that point.
"Mr. Obama has the constitutional authority to make his own detainee policy. And, if he wants to, he can issue a regulation or an executive order using principles from Article 75. But the Constitution does not empower him to recognize as a legal obligation a part of a treaty that the Senate has never approved."