argues that the Iraq war was illegal under American constitutional law. I agree. And I think that is as obvious as the violation of international law by attacking and occupying Iraq for no particular reason in an undeclared war.
If Americans allow the Bush government to get away with this, that clearly makes America an inferior democracy.
Posted by Karl-Friedrich Lenz at January 29, 2004 08:17 PM | TrackBackAs an attorney, I would agree that all war-like
action(s) taken by American presidents since WWII without a specific declaration of war by the Congress are and have been illegal. No attempt by the Congress to confer war powers to the executive by resolution meet the requirements of Article I Secton 8 of the Constitution.
Sadly, Americans have been manipulated to give popular support to unilateral actions of the executive branch which violate the Constitution.
N0 such popular support legitimizes that action in the abscence of a specific declaration of war by Congress.
The failure of lower federal courts to appropriatley defend Article I, Section 8 of the Constitution by the use of legal arguments such as "ripness" "political question" or "mootness"
after the fact is a disgusting example of the failure of the courts to support and DEFEND the Constitution as they have sworn to do.
As to Iraq, George W. Bush has violated his own oath of office to support and DEFEND the Constitutuon and should be impeached for such conduct.
Posted by: Douglas A. Wallace on February 17, 2004 11:53 AM