Mario Cuomo (LAT) Congress Must Reclaim Authority To Declare War

[kpete]

Opinion
Congress and the courts must recommit to the legislative branch's sole authority to declare war.
By Mario M. Cuomo
September 3, 2007

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What can be done now?

First, Democrats should make clear that it is the president who is keeping the war in Iraq from ending. Even if Congress were able to pass a veto-proof bill with respect to withdrawal, the president would resist enforcement of the bill, insisting that as commander in chief, he is immune from Congress' decision. That would raise a constitutional issue for the courts.

But judging by the courts' history concerning constitutional war powers, including decisions involving the Iraq war in the U.S. 1st Circuit Court of Appeals in Massachusetts, the judiciary would, in all probability, choose not to intervene, claiming that the disagreement between the president and Congress is a political question.

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Even if it is too late for Congress to remedy its failure to comply with the Constitution with respect to Iraq, at the very least our candidates for president and our congressional leaders should assure us that they will not allow this lapse to result in further unilateral acts of war -- against Iran, Pakistan or any other nation -- by this president or any other. Our leaders must make it clear that in the future, Congress will insist on compliance with Article I, Section 8 for any military action that is not fairly deemed an unexpected emergency.

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We must do everything we can to end the war in Iraq and avoid a new tragedy abroad by recommitting to strict adherence to the rule of law and to the Constitution by the president, Congress and the courts -- especially with respect to war powers.

Mario M. Cuomo, the governor of New York from 1983 to 1995, now practices law in New York.
http://www.latimes.com/news/opinion/la-oe-cuomo3sep03,0,5712011.story?coll=la-opinion-rightrail

[MethuenProgressive]

1. Mario Cuomo - a capital D Democrat!

That man could deliver a speech like few ever could.

[shraby]

2. I always thought he'd make a great president.

[DeepModem Mom]

3. K&R

[philly_bob]

4. Mario, your country needs you!

Speak more. Write more. New York has plenty of lawyers.

You're one of the best -- maybe even the best -- spokesman for liberal values in the world of American politics.

Maybe if you had spoken up for all the years that the Republicans were babbling "No Taxes" and "It's Your Money," the country wouldn't be on the brink of bankruptcy.

Or maybe you did, and it wasn't "news" and you didn't have a think tank megaphone.

Anyway, hope you feel the love.

Edited to replace "Bushes" with Republicans; time to stop focusing on that family.