Posted on 06/11/2002 12:48:15 PM PDT by Lance Romance
House Democrats Sue President Bush Over Withdrawal From ABM Treaty
Published: Jun 11, 2002
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The United States officially leaves the treaty on Thursday, six months after Bush announced his intentions to do so. The Pentagon plans an earth-breaking ceremony on Saturday at Fort Greely, Alaska, to begin construction on the first portion of a new missile interceptor system.
Rep. Dennis Kucinich, D-Ohio, the lead plaintiff, said the president does not have the authority to unilaterally withdraw from a treaty and should first seek the consent of Congress. "The Constitution of the United States is being demolished and we need to challenge that in court," he said.
The lawsuit, filed in U.S. District Court for the District of Columbia, also names Defense Secretary Donald H. Rumsfeld and Secretary of State Colin Powell as defendants. The plaintiffs are all Democrats, except for one independent who usually votes with Democrats.
It states that while the Constitution is silent on the role of Congress in treaty terminations, treaties have the status of "supreme law of the land" equivalent to federal laws and that laws can be repealed only by an act of Congress.
"I am troubled that many in Congress appear willing to cede our constitutional responsibility on this matter to the executive branch," said Sen. Russ Feingold, D-Wis. He tried unsuccessfully Monday to bring a resolution to the Senate floor stating that the president cannot withdraw from the treaty without Senate approval.
Kucinich last week tried to get the House to vote on a similar resolution, but House Republicans unanimously rejected a motion to bring the issue to a vote. GOP lawmakers generally support the administration's decision to withdraw from the treaty, which prohibited the United States and the Soviet Union from building major missile defenses and has been an impediment to the administration's plans to move ahead with a missile defense system.
"This is so far out of touch," said Rep. Curt Weldon, R-Pa., a longtime proponent of a missile defense system. "The end of the ABM treaty marks a significant milestone" enabling the Pentagon to adjust to post-Cold War changes and emerging threats, he said.
The lead lawyer for the House lawmakers, Peter Weiss, said they are asking the court for expedited treatment of their suit. But he said that even if the court does not act by the Thursday withdrawal date, a later decision agreeing that the president must first get congressional consent could be retroactive.
In House debate last week, Republicans argued that past presidents have terminated dozens of treaties without consulting Congress. Kucinich pointed to an 1835 House vote blocking President Jackson from pulling out of a treaty with France.
In 1979 the late Sen. Barry Goldwater, R-Ariz., sued President Carter over his decision to terminate a mutual defense treaty with Taiwan when he established diplomatic relations with the Beijing government. The Supreme Court, without ruling on the constitutional issue, vacated or threw out an appeals court ruling in favor of Carter and ordered it sent back for reconsideration. Four of the justices said it was a political matter that should be decided between Congress and the president.
Cleveland bump.
From Douglas Feith of Feith and Zell, P.C. (law firm). Quote from Center for Security Policy
Furthermore, the newly independent states that arose on the USSR's territory jointly declared at Minsk on December 8, 1991, that none of them preserved the legal personality of the Soviet Union, which 'as the subject of international law and geopolitical reality no longer exists.' The U.S. Government promptly thereafter acknowledged that the Soviet Union had dissolved.
Furthermore, just try to get Russia to assume any obligation or pay damages resulting from the Soviet Union's activities. Now if they can frustrate American ABM development all of a sudden Russia is the successor. The treaty died the day the Soviet Union did.
This mealy-mouthed Marxist is a disgrace to our nation in general and to the fine city of Cleveland in particular.
My Democrat friend is not a stupid person. He's an American who thinks, but like all Democrats I know, he's rather weak and frightened of stronger people - people who take control of their lives and forge ahead no matter what gets in their way. But as he correctly pointed out, Social Security, global warming, Enron, health care, etc. won't matter diddly squat if we're all dead. He likes President Bush because as he says "His first priority is keeping Americans safe and he's doing the best he can". I think many American citizens who are Democrats feel the same way - if we are not safe from terrorists what does anything matter. Bring on the ABM's!
Don't hold back now - tell us what you really think! 8^)
I couldn't believe it when he got elected mayor. That he got elected to national office is astonishing.
I am sick and tired of DemonRATS and Liberals. When will America be free of them? In the name of all that is holy and sacred I say to you DemonRATS and Liberals ---- "Depart from Us, Leave America alone!!"
I used to laugh at Cincinnati for having Jerry Springer among its list of ex-mayors. Now I don't.
Althought Springer has a lousy talk-show, he's not in a position to affect policy like Dennis the Menace is.
Gee... why they're at it, maybe they ought to lobby that our men and women in the Armed forces be given muskets to defend themselves. (If it was good enough for our patriots 225 years ago...)
Damn these people. I wish they would just get their heads out of the sand, and realize that we have just had 3000 Americans murdered; and they want to go back to an old treaty that isn't worth the paper its printed on, to protect Americans from new threats around the world?
These people must have been taking a nap when the good Lord was handing out brains.
Gee... why they're at it, maybe they ought to lobby that our men and women in the Armed forces be given muskets to defend themselves. (If it was good enough for our patriots 225 years ago...)
Damn these people. I wish they would just get their heads out of the sand, and realize that we have just had 3000 Americans murdered; and they want to go back to an old treaty that isn't worth the paper its printed on, to protect Americans from new threats around the world?
These people must have been taking a nap when the good Lord was handing out brains.
That's all I need to hear. It's a true fact and this lawsuit is total garbage.
That was a succession of governments in the same country. The dissolution of the USSR was more than a change of government, it dissolved a country.
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