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Bush Article of Impeachment VII


Article VII.
INVADING IRAQ ABSENT A DECLARATION OF WAR

In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 3 of the Constitution "to take care that the laws be faithfully executed", has launched a war against Iraq absent any congressional declaration of war or equivalent action.

Article I, Section 8, Clause 11 (the War Powers Clause) makes clear that the United States Congress holds the exclusive power to decide whether or not to send the nation into war. "The Congress," the War Powers Clause states, "shall have power…To declare war…"

The October 2002 congressional resolution on Iraq did not constitute a declaration of war or equivalent action. The resolution stated: "The President is authorized to use the Armed Forces of the United States as he deems 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 resolution unlawfully sought to delegate to the President the decision of whether or not to initiate a war against Iraq, based on whether he deemed it "necessary and appropriate." The Constitution does not allow Congress to delegate this exclusive power to the President, nor does it allow the President to seize this power.

In March 2003, the President launched a war against Iraq without any constitutional authority.

In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his trust as President and Commander in Chief, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President George W. Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.

Documentation:

The United States Constitution, Article I, Section 8, Clause 11.

The Federalist No. 69, by Alexander Hamilton, 1788.

John Bonifaz, Warrior-King: The Case for Impeaching George W. Bush, with foreword by Rep. John Conyers, Jr., Nation Books, New York , 2003.

Sen. Jacob K. Javits with Don Kellerman, Who Makes War: The President versus Congress, William Morrow & Company, Inc., New York, 1973.

John Hart Ely, War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath, Princeton University Press, Princeton, New Jersey, 1993.

Louis Fisher, Presidential War Power, University Press of Kansas, Lawrence, Kansas, 1995.

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