Hypothetical for 16 February

(note: before considering this hypothetical, you should have read the materials on international dispute resolution and assignment of U.S. military forces to multinational military operations assigned for 9 and 11 February.)

Suppose the Congress in the United States enacts an international police force statute. The statute authorizes the creation of the U.S. contribution to an international police force being organized under article 43 of the U.N. Charter. The statute provides that the president acting through the Secretary of Defense shall identify members of the Armed Forces to be assigned as the U.S. complement to the international force. Once the forces are assigned, their use will be determined by the Deputy Secretary-General of the U.N. acting pursuant to writs issued by the new International Criminal Court.


The this arrangement constitutional?


Suppose the statute simply authorises the president to define U.S. participation in an international police force, and the president fills out the details of force to implement writs issued by the International Criminal Court. Would this make a difference?