Lawsuit Challenges Bush’s Authority To Wage War

Six members of Congress have joined a coalition of US soldiers to file a lawsuit challenging President Bush’s authority to wage war against Iraq.

John Bonifaz, the lead attorney representing the plaintiffs, told Arab News yesterday that the lawsuit was filed last week in a federal court in Boston for MFSP, “Military Families Speak Out,” along with a motion for a preliminary injunction to prevent President Bush and Secretary of Defense Donald Rumsfeld from waging war against Iraq.

“Article One, section 8, of the US Constitution states quite clearly that Congress, and only Congress, has the right to declare war,” said Bonifaz. “And Congress has not declared war on Iraq.”

The president’s rush to war demands a judicial intervention, he said, adding the US government is required to submit their filing opposition papers by noon today. “MFSO will file a reply brief five hours later on Wednesday, and will present its arguments before the court on Thursday for an expedited hearing on these issues.”

Continued...

[JacobM5727]

i thought one of the rights of the president is to declare war
whether or not he should have that power
im just saying i wouldnt give bush a potato gun
knotheads probably right

[reticent]

This will be interesting to follow.

Has a lawsuit like this by anyone ever been put before a court in the past?

WWII was the last formal declaration of war. I have heard people speak on how a declaration of war is somewhat outdated. But, I can also see how this executive power can be abused. While I agree with why we were involved in Somalia, Kosovo and Bosnia, their timing was placed to be politically advantageous for Clinton. This was wrong and an abuse of that power. While I do not think this action will be an abuse, provided nothing like Clinton's actions happen, this case will be interesting to watch.

Actually, Jacob, the President can send troops without a declaration of war. This is what was done for Vietnam, Korea, Panama, Grenada, Kosovo, Bosnia, Somalia, Afghanistan, Iraq and Iran. The only check to balance this is that Congress hold the purse strings and can cut off money to make the president's decision to send troops falter because of lack of funding.

[Knothead]

Huh! Well, if the Constitution specifys that only Congress can declare war, then what is the fuss about?

[kenyg]

The house and senate already authorized the president to use force -


http://www.foxnews.com/story/0,2933,65395,00.html

[RADAR1797]

Article 1 Section 8

Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Article 2 Section 2

Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Here is an interest read on letters of marque and reprisal. It would be easy to associate the joint resolution with a letter of marque or reprisal or a declaration of war. Modern times, different verbiage politicians want to be more PC.

-RADAR

[reticent]

Ah, I had to brush up on my political history...

The War Powers Act is the basis for the President's ability to use force. Declarations of war are not necessary and are a formality.

http://www.luminet.net/~tgort/wpa.htm

kenyg, "use of force" and "declaration of war" are two different concepts from a political standpoint. The Congress has approved a war on terrorism. However, Congress has not actually approved a "declaration of war against Iraq", but has authorized the use of force to protect the US from potential Iraqi threats. I know these sound the same, but clear distincts are present. It is all in the symantics of the words.

[reticent]

Wow, if you guys think I am conservative...

I did a search to find that War Powers Act and one link led me to FreeRepublic.com. The stuff they said over there in one of those threads was truly appalling. It was bordering on the right-mindedness normally seen in European nations. (Europe has a much wider division between left and right and their extremes are much much further out than American political left and right. Our left or right would be completely middle of the road in Europe.)

[kenyg]

oh I understand completley.

However, both elected houses of our government, the house and senate - both overwelmingly passed the resolution, and authorized the president to use 'force' to enforce the UN resolutions. In fact, according to the power given the president by congress, he is not required to seek UN approval.


The lawsuit may proceed, but - I don't see much merit in it.