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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAttack on Iraq Would Violate US Law, Experts Warn
'An attack on Iraq would violate the Constitution and the War Powers Resolution," warns Paul Findley, author of War Powers ResolutionProminent legal scholars and the key author of the War Powers Resolutionwhich checks the president's power to launch military attackswarned Thursday that an attack on Iraq would violate U.S. law.
Paul Findley, 22 year veteran of the U.S. House of Representatives, who was a key author of the War Powers Resolution, warned in a statement, "Just as with threats to attack Syria last year, an attack on Iraq would violate the Constitution and the War Powers Resolution. As with any president, he [President Obama] commits an impeachable offense if he does not follow the Constitution.
Marjorie Cohn, Professor at Thomas Jefferson School of Law, agrees:
This is the current situation: First, Congress has not declared war. Second, neither the 2002 Authorization for the Use of Military Force (AUMF) (which Bush used to invade Iraq), nor the 2001 AUMF (which Bush used to invade Afghanistan), would provide a legal basis for an attack on Iraq at the present time. Third, there has been no attack on the United States or U.S. armed forces. Moreover, the UN Charter only allows a military attack on another country in the case of self-defense or when the UN Security Council authorizes it; neither is the case at the present time.
Passed in 1973, despite former President Nixon's veto, the War Powers Resolution followed public outrage at the brutality of the Vietnam War.
More here: http://www.commondreams.org/headline/2014/06/19-4
PoliticAverse
(26,366 posts)With that violence as the backdrop, Democratic leaders offered support for Obama to use a 2002 law authorizing then-President George W. Bush to take action in Iraq as the legal authority for new strikes.
I do not believe the President needs any further legislative authority to pursue the particular options for increased security assistance discussed today, House Minority Leader Nancy Pelosi (D-Calif.) said in a statement released after the meeting. Senate Majority Leader Harry Reid (D-Nev.) has previously backed that position.
See: http://thehill.com/policy/defense/209838-obama-to-leaders-iraq-plan-wont-require-congressional-vote
elleng
(130,895 posts)and of course, W's 'old' law covers just about anything that happened/s.
Fred Sanders
(23,946 posts)The Magistrate
(95,247 posts)If the government of a state, in being and recognized, should request assistance in suppressing rebellion, and receive it, in no sense is the country that government rules considered to be attacked by the power assisting its government.
elleng
(130,895 posts)Fred Sanders
(23,946 posts)Is America now in the business of judging who are the rebels in another country and how bad they are enough for one nation to bomb another? How legitimate is the requesting government, or not? What about the U.N., isn't that their role in an international conflict?
Do you agree America should be not only the world police but also the judge and executioner?
The Magistrate
(95,247 posts)A government is the agent of a country. If the government solicits a foreign power's military assistance in some crisis, said military action is not carried out against the country, but on its behalf. You may think the action wrong or misguided on any number of levels, should it occur, but it is not 'an attack on the country' or 'America judging' or being 'judge and executioner'. You might as well say that a wife being struck be her husband who calls police for assistance is calling for an attack on her family....
Fred Sanders
(23,946 posts)Get with the plan.
If DU people truly are in favor of expertise over political expediency and opinion, then why the disagreement with the experts?
Is that any better than cons not believing the experts on climate disruption?
Bandit
(21,475 posts)One is based pretty much on opinion and the other is based upon FACT.
Fred Sanders
(23,946 posts)of more trust in the experts than the others.
bigtree
(85,996 posts). . . if requested by Iraq. I understand that's already happened. Not a straightforward or wise action, imo, but I don't think such a response would be outside of the law.
KoKo
(84,711 posts)Obama has stated that won't happen.
But...there are other "boots on the ground" that slip in the door that won't be called that ...is what worries ME.
There's NO WAY Obama wants Iraq to disintigrate before his eyes..and he will do all in his power to keep that from Happening....whether it's concealed or uncovered later....it just isn't going to happen on "HIS WATCH."
BUT....it's possible we will find out later after years of discovery when he is long gone....what the truth of it all was....and, by then, no one will care.
And....I'm not blaming HIM but our System of Governance..for a few decades now.