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Old 03-21-2003   #1
Rox
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Point by Point, Lie by Lie

A professor and author goes over Bush's 3/17 speech.

I guess I'm not the only one who sees the Constitution being ignored...

Here's a snip:

"The United States of America has the sovereign authority to use force in assuring its own national security. That duty falls to me, as Commander-in-Chief, by the oath I have sworn, by the oath I will keep."

The oath of office also demands that the president uphold and defend the Constitution of the United States, which forbids such an illegal use of force. Virtually no international legal authority recognizes such an invasion as an act of assuring legitimate national security interests.

"Recognizing the threat to our country, the United States Congress voted overwhelmingly last year to support the use of force against Iraq."

The U.S. Congress--with the support of both the Republican and Democratic leadership--did authorize the use of force against Iraq. However, the resolution violates Article I, Section 8 of the U.S. Constitution which does not allow Congress to grant such open-ended warmaking authority to the president for an offensive military action. Only a formal declaration of war in such a situation can be considered legitimate. Furthermore, Article VI of the Constitution declares that international treaties to which the United States is a party are to be treated as supreme law, thereby proscribing Congress from passing any resolution that violates the UN Charter, such as supporting an invasion of a sovereign nation. As a result, this resolution is unconstitutional and thereby invalid.

Interesting.
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