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."

[Texas_Jarhead]

too bad the dolts don't actually respect and follow the Constitution in the first place

[ItsTheMediaStupid]

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

Cause the Rats would filibuster!

[Doc_Riley]

That Elvis left the building long ago.

[Dog Gone]

There is nothing magical about a Declaration of War. The Constitution clearly gives Congress the power to decide when to engage our armed forces.

They have done so. They have authorized the President to use force against Iraq if he deems it necessary.

That is all that is constitutionally required, and this suit is without merit.

[Dan(9698)]

>>>...This is a war specifically against Iraq, not a military action against terrorism in general.

There were two authorizations. The second names Iraq.

If the first is legal (it is) then the second is also. You cannot have it both ways.

The Court ruled in the Padilla case that the authorization for war is the legal equivelant of a declaration of war. the court defers to congress to word it how they want.

They used a precedent from 1800. They didn't just make it up.

[Enterprise]

"Suit questions Bush's war powers"

So who filed the suit - Saddam Hussein and Sean Penn?

[Carry_Okie]

Cause the Rats would filibuster!

Against 70% public support? Think man, think.

Would they ever try another filibuster after facing the heat for "stranding our troops in the desert"?

[Alberta's Child]

A bunch of Republicans filed a similar suit against the Clinton administration over Kosovo back in 1999, and my guess is that the ruling here would be the same.

In that suit, the Federal judge pointed out that Congress had passed such a muddy, lame, half-@ssed declaration "in support of the troops" that he couldn't even figure out whether it was a legitimate declaration of war or not.

[billbears]

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

Too late for that Conyers. Where were you in '61 when this happened the first time? Get out of the way. We don't need a Constitution anymore. It's not like anyone in Washington knows what it says!!

[flamefront]

this suit is without merit - especially since Congressional support has been stated. Further though, the act is interprested NOT to require a declaration. All this was debated and resolved in September 2002

So, since under the War Powers Resolution, President Bush must "consult" with Congress before invading Iraq, that's the process his Hastert letter has begun.

So why the short memory of this supposed patriotic crowd? Because the same communist-inspired group - United for Peace & Justice (UFPJ) connected with the suit's sponsor Military Families Speak Out and prominently mentioned on their web page.

Frontpagemag has a good description of UPFJ:

On February 15, many thousands of protesters will assemble within sight of the United Nations building in New York to express their opposition to a war in Iraq. Their efforts will be duplicated in some 300 additional cities throughout North America, Latin America, Europe, Africa, Asia, and the Middle East. This will be the first such protest not organized by the Workers World Party (WWP), an energetic Marxist-Leninist organization that openly supports Kim Jong Il's brutal dictatorship in North Korea. Instead, it will be run by a group called United For Peace and Justice (UFPJ), whose co-chair Leslie Cagan is an enthusiastic, longtime supporter of yet another Communist despot, Fidel Castro.

This is the main group sponsoring the anti-war protests this weekend. No coincidence.

[FairOpinion]

My question is: Why isn't a judge dismissing this immediately as a frivolous suit, without merit?

More evidence that we need some sensible judges.

[4CJ]

It's not like anyone in Washington knows what it [our Constitution] says!!

After watching C-Spam, and the moronic proceedings, it's obvious that only a few have a complete copy. Most just uphold certain sections when it suits their immediate need.

Cherry pickers!