Suit questions Bush's war powers

UPI ^ | 2/13/03 | staff

[ppaul]

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."

[hobbes1]

"Declare" not Wage.

[finnman69]

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 Axis of Anti-Americans!

[conservativecorner]

We need to file a suit questioning their sanity!

[mhking]

Idiot alert!

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[ItsTheMediaStupid]

Thought that the courts rulled many years ago that a law didn't have to be a formal declaration of war for congress to give the president war powers? If so they gave Bush that power in the Anti Terrorism bill.

[Redcloak]

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.

If memory serves, all six of these chuckleheads were present the day Congress voted to authorize the use of force against Iraq. Perhaps they should all strive to pay more attention.

[Spruce]

H.J.RES.114 Text, PDF
Sponsor: Rep Hastert, J. Dennis [IL-14] (introduced 10/2/2002)
Related Bills: H.RES.574, H.J.RES.110, S.J.RES.45, S.J.RES.46
Latest Major Action: 10/16/2002 Became Public Law No: 107-243.
Title: To authorize the use of United States Armed Forces against Iraq.

---

All Bill Summary & Status Info

[techdawg2k]

Isn't this the same "Richardson" that appeared on the talk shows with his Marine son that had attended all private schools before joining the military? If so, his enlistment caused his alma mater to form internal councils as to why this should happen... At the time the Dad was saying how proud he was of his son despite the flak he was taking from his rich friends and neighbors. I could have sworn that was the same Richardson that's now questioning our President's authority.

[Carry_Okie]

This is a war specifically against Iraq, not a military action against terrorism in general. I think that distinction points to a legal requirement to declare war. It would be the first time since the founding of the UN, and in that sense would be peculiarly appropriate.

Any Congress unwilling to make that formal declaration deserves what it gets. Besides, it would be a wonderful opportunity to see little tommy squirm and bring out the Hildabeast to show her for what she is. They would also have to publicly drop that filibuster. :-)

[Conspiracy Guy]

Somebody call a Wambulance.

[PISANO]

Where were these clowns during Kosovo? Haiti? Oh...never mind, their MONARCH was in the WH then.

[netmilsmom]

John Conyers of Michigan, Dennis Kucinich of Ohio

---

Tweedle-Dumb and Tweedle-Dumber
I was 12 when Kucinich came to Tony's Dinner in Cleveland for a filming of the Tom Snyder show. I loved him and got up at 6 am to walk to see him.
Then I grew up.......

[Chi-townChief]

Quite frankly, I wouldn't mind seeing a declaration of war vote.

[ItsTheMediaStupid]

"This is a war specifically against Iraq, not a military action against terrorism in general. I think that distinction points to a legal requirement to declare war. It would be the first time since the founding of the UN, and in that sense would be peculiarly appropriate."

Actually they gave him power to go to war with any nation that harbor and aid terriorests. I think that would include Iraq, France, and Germany.

[Randjuke]

Where were these clowns during Kosovo?

You are 100% right, these are the same folks who rolled over when Clinton decided to bomb Yugoslavia (causing numerous civilian deaths the Dems have conveniently forgotten). Still, if we are going to war, I would like to see a vote in congress - just because Clinton was allowed to flaunt the rules doesn't make it right.

[Teacher317]

He doesn't need Congress. Iraq has violated the terms of the 1991 cease-fire, and we are simply resuming that action.

(We promised to stop kicking his butt if he did X, Y, and Z. He didn't do X, Y, and Z. Therefore, we are not bound to stop kicking his butt.)

[Luis Gonzalez]

"Still, if we are going to war, I would like to see a vote in congress."

The debate will last longer than the actual war.

[RAT Patrol]

"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

Shame on them for turning this into a political battle. Note the new RAT talking points: "imperial presidency" and "The president is not a king."

Congress should not be a dirty tricks scumbag trial lawyer game either.

[Carry_Okie]

This is a political opportunity. Why would we avoid it?