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  • Lawsuit targets Iraq war’s validity

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    JOE RYAN
    The Star-Ledger
    April 22, 2009

    When lawyers and judges cite the original intent of the framers of the Constitution, they’re often marshaling conservative arguments. And Supreme Court Justice Antonin Scalia, noted for his right-leaning views, is a leading figure in the stick-to-the-original-text school of jurisprudence.

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    But conservatives don’t hold a monopoly on the theory.

    In federal court in Newark yesterday, a Rutgers University law professor arguing a lawsuit on behalf of a peace group told a judge that President George W. Bush violated the Constitution’s initial intent when he ordered the 2003 invasion of Iraq.

    Frank Askin, founder of the constitutional litigation clinic at the Rutgers School of Law in Newark, said the framers clearly gave Congress — not the president — authority to declare war. Afterward, he even mentioned Scalia.

    “We think Scalia is going to love this case. It’s all about the initial intent of the founders,” said Askin, who argued the suit for the group New Jersey Peace Action.

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    13 Responses to “Lawsuit targets Iraq war’s validity”

    1. Robert Says:

      They should include congress in the lawsuit as well. They cannot give up their power for declaring war to the president.

      House Reply:

      The ENTIRE Bush administration needs to be put on trial……then Barrys……..congress, the house, senate, fed, on down the line…….they ALL need to be held accountable for their actions and treason.

      Glen Beck Reply:

      da, do you think we need a constitutional declaration of war from congress or can a simple minded dictator just say attack the innocent people especially the children. We have generals with zero balls.

    2. WEREFEAT Says:

      Israel has always existed. Gaza has never existed. There has never been war in Israel. No one was ever killed in Iraq. Israel has always been a peaceful country. The Palestinians have never existed. Palestine has never existed. The Israelis have never committed any crime nor killed anyone. No one has ever died in the Middle East. The problem of the Middle East never existed. In fact, there are no problems anywhere in the world.

      Now. When I snap my fingers, you will wake up. You will not remember any of this. You will only feel happy, and contented, and safe.

    3. Rush to War Says:

      Let us never forget: Journalism has died by the way of subject not entertaining enough for dumb dowm Americans who care nothing about politics. All media has been taken over and gov’t does’t exist nomore except for spies and mouthpieces on Meet the Oppressors.

    4. davey Says:

      the war powers act is still in force and has been since the end of ww2. get rid of that and this type of thing goes away as congress will have to decide when to initiate action. but it takes the power away from dems and repubs alike. neither really want that. so all the barking and crying is pure bs that libs use to make the cons look bad when both are just as sick. but let’s face it, congress knew full well what was going on with regards to Iraq. bush did it for the UN. for the life of me i don’t know why that wasn’t the mantra the bush admin would fall back on when criticized. but then we wouldn’t have the admin that we have now if bush would have done that. he did his best to cast a bad light of conservatives. sure looks like a job well done.

    5. The420Gold Says:

      Yo the REPUBLIC was lost at the Gettysburg address. The executive power lies above congress & senate with the ceasar i mean president. This is a waste of time just an excuse to leave a “public record” of what we already know. the constitution is going out like a soldier!!

      HAIL CEASAR

      http://www.gemworld.com/USAvsUS.htm

    6. JAIL COCKEFELLER Says:

      IRAN AN INSIDE JOB…

      PAYED BY AMERICAN BANK IN COOPERATION…

      “The deals went through “several” New York banks, which cooperated when the alleged plot was uncovered.”
      ….
      The New York banks were completely unaware,” the source said.” <= stupid

      http://www.nydailynews.com/new.....ty_-2.html

      nydailynews.com/news/us_world/2009/04/07/2009-04-07_chinese_financier_le_fang_wei_indicted_i.html

    7. OBAMA'S OWN TORTURE Says:

      ##########OBAMA’S OWN TORTURE###########

      http://www.reuters.com/article.....15?sp=true

    8. kriss Says:

      STOP Iraq war

      R.I.P. more than 1300 000 Iraqi civilians!

      SomeGuy Reply:

      STOP Iraq war (Sure)

      R.I.P. more than 1300 000 Iraqi civilians! (Of which 90% were by Muslim suicide bombers)

      mikego54 Reply:

      I am all American but Truth is Truth.
      If they had bombed and taken over an American city because 19 idiots killed 3000 of their people there would be 90% of Christians being suicide bombers against them also.

      I think they have a right to fight back. Sorry I know we did wrong, we have to say we are sorry now.

    9. roger Says:

      this is huge news, the lawsuit made it up to a federal court. This should be getting a thousand times more attention that its getting.