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Old 02-13-2003, 09:35 AM   #1
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Forcing Congress to Declare War

As I have said in other threads, I think it is a violation of the Constituion to go to war with Iraq, without a vote by our congress. In reading some of the lioterature on the Patriot Act II, the justification of some of the new changes has to do with the fact that Congress has not declared war. It seems that the DOJ and other security agencies would operate under different rules if war were declared, but since Congress has not declared war since 1941, they need to have these powers.

Well, here in Boston a lawsuit was filed to stop the war, arguing that Congress has to declare war before we attack Iraq.

Suit questions Bush's war powers
From the National Desk
Published 2/13/2003 9:48 AM
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BOSTON, Feb. 13 (UPI) -- A lawsuit filed in federal court in Boston Thursday seeks to prevent President Bush from going to war against Iraq without congressional approval.

A coalition including six House members, several U.S. soldiers and parents of military personnel claims only Congress has that power under the Constitution.

"A war against Iraq without a congressional declaration of war will be illegal and unconstitutional," said John Bonifaz, the plaintiffs' lead attorney. "It is time for the courts to intervene."

The representatives joining the suit, all Democrats, are John Conyers of Michigan, Dennis Kucinich of Ohio, James McDermott of Washington, Jose Serrano of New York, Sheila Jackson Lee of Texas and Jesse Jackson Jr. of Illinois.

The plaintiffs asked for a preliminary injunction against the president and for a hearing on their request that Bush be barred from launching a military invasion against Iraq without a congressional declaration of war.

The lawsuit cites Article I, Section 8 of the Constitution, which reads: "Congress shall have power... (to) declare war."

The suit argues the resolution on Iraq that Congress passed in October did not declare war and unlawfully ceded the decision to Bush.

The suit contends the framers of the Constitution sought to ensure that U.S. presidents would not have the power of European monarchs of the past to wage war.

"The Founding Fathers did not establish an imperial presidency with war-making power," Conyers said. "The Constitution clearly reserves that for Congress."

"The president is not a king," said Charles Richardson, a plaintiff whose Marine son is stationed in the Persian Gulf.

"If he wants to launch a military invasion against Iraq, he must first seek a declaration of war from the United States Congress. Our Constitution demands nothing less," Richardson said.

Richardson and two other plaintiffs -- Nancy Lessin and Jeffrey McKenzie -- are co-founders of Military Families Speak Out, an organization of people opposed to war against Iraq and who have family in the military.

"A full and complete congressional discussion of the issues and all options must precede any move towards war," Lessin said, "because of the irreparable harm that would result."

Copyright 2001-2003 United Press International

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Old 02-13-2003, 10:13 AM   #2
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I believe similar lawsuits have been filed before - and all have failed.

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Old 02-13-2003, 11:13 AM   #3
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Well, when you stack the court system with clearly partisan judges...

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Old 02-13-2003, 11:22 AM   #4
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Well you could call the ICC and start a lawsuit there

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Old 02-13-2003, 11:19 PM   #5
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Well, the court system must have been partisian for decades - this type of challenge goes back to the Korean War era.
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