Bipartisan Group Challenges Policy That any President Can Take the U.S. to War Unilaterally
Congressmen Dennis Kucinich (D-OH) and Walter Jones (R-NC) today led a bipartisan group of 10 Members of Congress to file a suit in federal court against President Barack Obama to challenge the commitment of the United States to war in Libya absent the required constitutional legal authority.
See a copy of the complaint here: http://kucinich.house.gov/UploadedFiles/Libya_Complaint_Master.pdf
The lawsuit is signed by Representatives Dennis Kucinich (D-OH), Walter Jones (R-NC), Howard Coble (R-NC), John Duncan (R-TN), Roscoe Bartlett (R-MD), John Conyers (D-MI) Ron Paul (R-TX), Michael Capuano (D-MA), Tim Johnson (R-IL) and Dan Burton (R-IN).
The questions raised in the lawsuit will be critical to challenge the executive branch's circumvention of Congress and its use of international organizations such as the United Nations and the North Atlantic Treaty Organization to authorize the use of military force abroad, in violation of the Constitution.
"With regard to the war in Libya, we believe that the law was violated. We have asked the courts to move to protect the American people from the results of these illegal policies," said Kucinich.
The lawsuit calls for injunctive and declaratory relief to protect the plaintiffs and the country from the (1) policy that a president may unilaterally go to war in Libya and other countries without a declaration of war from Congress, as required by Article I, Section 8, Clause 11 of the United States Constitution; (2) the policy that a president may commit the United States to a war under the authority of the North Atlantic Treaty Organization (NATO) in violation of the express conditions of the North Atlantic Treaty ratified by Congress; (3) the policy that a president may commit the United States to a war under the authority of the United Nations without authorization from Congress; (4) from the use of previously appropriated funds by Congress for an unconstitutional and unauthorized war in Libya or other countries; and (5) from the violation of the War Powers Resolution as a result of the Obama Administration's established policy that the President does not require congressional authorization for the use of military force in wars like the one in Libya.