President in Violation of the War Powers Act. Kucinich files lawsuit.

[yodermon]

http://www.progress.org/fold92.htm

The President's war on Yugoslavia is contrary to U.S. law on three counts. First, the United States government is waging war, and the President and other U.S. officials have used the term "war" referring to the conflict. The U.S. Constitution in Article I, Section 8, paragraph 11, states that Congress shall have the power to declare war. This implies that the U.S. military may initiate a war only if Congress declares war.

House Joint Resolution 44, declaring a state of war between the United States of America and the Federal Republic of Yugoslavia, was introduced by Representative Tom Campbell on April 12, 1999. It was defeated by 2-427 on April 28. Since Congress explicitly rejected a declaration of war, it is illegal for the U.S. military to be at war in Yugoslavia.

If the U.S.A. is attacked, the President is authorized to use the military to defend the country. This concept was made explicit in The War Powers Act of 1973, Public Law 93-148, also known as the "War Powers Resolution." Under that Act, unless Congress has authorized action, the President is authorized to use the military only in "a national emergency created by an attack upon the United States." The law specifies that unless Congress acts within 60 days, "the President shall terminate any use of United States Armed Forces" in that conflict.

There was no attack on the United States by Yugoslavia, and so under the War Powers Act the President had no legal authority to initiate the war. Moreover, as noted in the Progress Report article "Covering the War, Mainstream Media Fail Badly" ("What's Democracy Got To Do With It?" by Norman Solomon), as of May 25, more than 60 days have passed since the start of the war, and since Congress has opposed a declaration of war and has not granted the President an extension of time under the War Powers Act, the President is in violation of the law.

On April 30, Congressman Tom Campbell of California, along with Dennis Kucinich of Ohio and 15 other members of Congress filed a lawsuit in Federal District Court to require the President to obtain authorization from Congress before continuing the war against Yugoslavia.

SSDD.

[hlthe2b]

1. I have no desire for another flame war to start over this...

Kucinich has his reasons. However, I believe he is grossly mistaken as to the letter of the law and the requirements of the war powers act. My saying so does not reflect on my opinions as to the Libyan actions, but only on the legality of the steps taken. That said, I think Kucinich could have handled his concerns and had those concerns more readily addressed, had he approached this in a different manner.

[Joyce78]

2. I've had enough of Dennis Kucinich ....

This country has so many problems ... as a resident of Ohio, we're dealing with do-nothing Dennis Kucinich and know-nothing Boehner and absolute goon GOP Gov. Kasich. Pray for Ohio and march with us.

[struggle4progress]

4. The article is from 15 or 20 years ago

[LWolf]

29. This nation would be a better place with more of DK and less

of corporate "Democrats."

[struggle4progress]

3. Campbell v. Clinton was tossed for lack of standing

http://sciences.aum.edu/jps/war/Campbell2.html

[Joyce78]

5. Without wasting my time ....

Your point with that link?

[struggle4progress]

12. OP is a 15 or 20 year old article about the case Campbell v. Clinton. I noted the outcome.

[karynnj]

24. It does show consistency on Kucinich's part - and that he ignored that it was thrown out

[Tx4obama]

6. On the link below is a great discussion by many politicians & professors, etc re Obama & Libya

http://www.politico.com/arena/

it's a real good read, there are some very good posts in there!

[vaberella]

9. My problem with a lot of the posts is that they say Obama DID NOT consult congress.

In actuality he consulted with congress. That can't be denied. So I'm bit surprised this is the same theme in almost all the posts on that site. How is that bit of important information overlooked. The Senate themselves managed to even have a vote on it. And talks included the House. So I'm not getting this.

[karynnj]

25. The Senate did not have a vote on it

It is true that Obama "informed" Congress by calling in the appropriate committee chairs and ranking members, but the entire Senate was not informed.

[bluestateguy]

7. Not once has any federal judge/USSC invoked the War Powers Act to stop a pending war

Not once has any federal court ordered a president to halt an ongoing operation because of the War Powers Act.

[still_one]

10. In addition, the Iraq War Resolution directly challenged the War Powers Act /nt

[vaberella]

8. What does Yugoslavia and Clinton have to do with anything.

From what drudges of the was this dug up from?

[meow mix]

11. fu kucinich, go back to gilligans island

what a little creep

[opihimoimoi]

13. Yup.....that he is...a creep...

[catgirl]

14. A little misleading?

You should mention that you're referring to an old article about another president. Of course it's still
the same media whore (Dennis Kucinich).

[watercolors]

15. "K" such a little man!!!!!

nt

[Tarheel_Dem]

16. Another Kooch lawsuit?

:rofl:

I don't know the makeup of Dennis' district, but if it's as I suspect, Kooch may finally have to go. I have a feeling that's why he's reaching out for $$$. It would be nice to see how popular he is in his district right now.

[dionysus]

18. what next, making fun of his bad toupee? you should be ashamed. PUT EM UP!!

:rofl:
:hi:

[Tarheel_Dem]

19. ROTFLMAO. I think we can safely assume that Dennis has passed his sell-by date. (nt)

:rofl:

[ReturnoftheDjedi]

17. I won't miss Dennis Kucinich. Not only does he never accomplish anything, he tries to sabotage

those who actually do make accomplishments.

What a sad, little man!

[AtomicKitten]

20. Your point? My wayback machine is broken.

[alcibiades_mystery]

21. Printer running off "I filed a lawsuit" fundraising brochures as Kucinich files lawsuit

:rofl:

The difficult question:

Who is more laughable, Dennis Kucinich, or the adoring suckers - er, I mean fans - who lap up his endless bullshit?

[cottonseed]

22. Yup. Principle.

What exactly is this guy doing again?

[cottonseed]

23. Phony lawsuits against his own government (2) last few weeks. Actuall bills ever authored (1).

What exactly is this guy doing again?

[robcon]

26. Nothing wrong with filing the complaint.

Kucinich is correct about as often as he has been in the past: 0%

[DFab420]

27. THIS IS FROM 15 YEARS AGO.

Just incase ppl don't go through the effort of reading it etc.

[polichick]

30. LOL

[center rising]

28. Kucinich has outlived his usefulness