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More Legal Arguments for Impeachment
[The Institute for Policy Study's Marcus Raskin and Joseph A. Vuckovich wrote the following article entitled: "George W. Bush: Legal Arguments for Impeachment".
We thank them for granting us permission to use the arctile here at the IBC. ]
This statement outlines the legal arguments for impeaching President Bush. The public policy grounds for impeachment (including the long-term effects of failure to hold the executive accountable for constitutional violations) are of equal significance, and we will discuss them in a separate statement.
Abuse of War Powers
In the invasion of Iraq, President Bush ordered the United States armed services into combat without an explicit declaration of war or other constitutionally appropriate authorization from Congress. The Constitution is very clear on the point that only Congress may initiate military hostilities. Article, I, Section 8 gives Congress the power to declare war, and the deliberations of the Framers and of the state ratifying conventions establish that this provision was understood to give Congress sole authority to choose between war and peace. (1)
The decision to vest the war power exclusively in Congress was not an accident, but a conscious decision by the Framers to break with contemporary practice in Great Britain and elsewhere in Europe, where all war powers had traditionally inhered in a monarch or other executive. (2) To the extent that the legislature is “first among equals