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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


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... as are the crimes against peace and against humanity. But the United States of America has long since abandonned the rule of law (either international or constitutional) as irrelevant and non-applicable to its exceptional self and its imperial presidency. So those legal bases for the case, in and of themselves, really don't matter at all.

As Noam Chomsky has correctly pointed out, "If the Nuremberg laws were applied, then every post-war American president would have been hanged".

Perhaps Bush's "shock and awe" invasion and occupation of Iraq will be sufficiently unsuccessful and painful to Americans themselves to distinguish it from many other such U.S. presidential crimes and thus bring about some form of punishment. But I doubt it. In any case, the egregious nature of those crimes is clearly not an issue of any real relelvance or major importance to the American system of "justice".

Wow, maybe someone should tell their Congressman!

They probably are too busy to know this.

Someone should tell them.

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