Pacifist lawsuits: not just for Japan any more

It seems like every few months there’s yet another court ruling as to the constitutionality of Japan’s defense forces. Apparently, Americans are following suit with regard to the Iraq war.

New Jersey Peace Action et al. v. Bush, represented by the Constitutional Law Clinic at Rutgers University Law School-Newark, alleges that the war violates article I, section 8 of the U.S. Constitution, which assigns to Congress the authority to declare war.

Clinic director Frank Askin said the framers at the 1787 constitutional convention denied war-making powers to the president except in response to sudden attacks when Congress might not have time to react quickly.

“The founders were very clear that only Congress could make that awesome decision,” he said in a statement. “They [members of Congress] were not permitted to delegate that power to the president and thus be able later to disclaim responsibility for a decision gone bad.”

Interesting (but, I suspect, futile) arguments in the full article.

4 thoughts on “Pacifist lawsuits: not just for Japan any more”

  1. The Constitution doesn’t say that Congress needs to vote for a bill with the words ‘declaration of war’ in it. They voted to fund the war, so that would be a pretty clear indication of their intent. I can’t see them getting far with that particular suit.

  2. “awesome decision”..
    It’s a shame that word can’t be read without Keanu Reeve’s voice in your head anymore. Like, totally, dude….

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