Iraq War Resolution which allowed Bush to use his PERSONAL DISCRETION is unconstitutionally behind the whole issue we're now faced with. CONGRESS created let this 'genie' out of the bottle and it is up to Congress to put it back.
Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq
http://www.whitehouse.gov/news/releases/2002/10/20021002-2.htmlThis resolution carries inside it the legal 'justifications' that Bush & Co. use to masquerade as being at the 'zenith of Presidential power', yet if you read CAREFULLY you will find it does have limitations:
""SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) AUTHORIZATION. The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to
(1) defend the national security of the United States against the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council Resolutions regarding Iraq.""
The phrase '...as he determines to be necessary and appropriate...' is proscribed later in the resolution by the War Powers Act,
""c) WAR POWERS RESOLUTION REQUIREMENTS. --
(1) SPECIFIC STATUTORY AUTHORIZATION. -- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS. -- Nothing in this resolution supersedes any requirement of the War Powers Resolution.""
The War Powers Act of 1973
http://www.cs.indiana.edu/statecraft/warpow.html""PURPOSE AND POLICY
SEC. 2. (a)
It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicate by the circumstances, and to the continued use of such forces in hostilities or in such situations.
SEC. 2. (b)
Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
SEC. 2. (c)
The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.""
Since the WMDs, Yellowcake, terror connections to Al Qaida/Iraq, have all proven mirages in the administration's collective group-think, the 'circumstances and situations' the War Powers Act envisioned by default would be required to be TRUTHFUL circumstances and situations.
As this is now clearly not the case (#1) and the abuse of domestic intelligence surveillances (#2) also clearly are beyond the scope of the presidential overreach to the 'zenith of presidential powers', it is incumbent upon Congress to remind our new King George of the limitations of his powers. Lord Sauron needs to throw that ring into the volcanoe's molten lava NOW.