IWR...why has no one tried suing in court...

[SaveElmer]

I am no lawyer...so I might be talking out of my ass on this...but the first clause in the IWR reads thus:

(a) Authorization.--The President is authorized to use the Armed
Forces of the United States as he determines to be 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.

Now, since neither of these conditions existed...and since Bush knew they did not exist...didn't he violate the IWR itself?

Isn't there a way to test this in court?

I know Bush would claim the authority as Commander in Chief...but still would be interesting to try.

[Cerridwen]

1. What about Section 2?

What'd he do the Evelyn Wood's version of diplomacy? (those too young to remember may have to resort to google :D)

SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS

The Congress of the United States supports the efforts by the President to--

(a) strictly enforce through the United Nations Security Council all relevant Security Council resolutions applicable to Iraq and encourages him in those efforts; and

(b) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion and noncompliance and promptly and strictly complies with all relevant Security Council resolutions.

And, just for my edification, anyone know if a resolution has the sections listed in the order in which they're listed for a reason; you know, sort of do 1 before 2, 2 before 3, sort of thing?

[SaveElmer]

2. Seems like he violated these too...

The first was moot since he knew they weren't in violation...remember inspections had resumed before the war started...so two was moot as well

[Bitwit1234]

3. I think this would really end it

Since congress has the authority to give him the resolution, why don't they just revoke it. Then he would be guilty of treason if he violated the resolution which would in effect be violating the constitution. Now can some constitution lawyer answer this for me. I really think I am right tho.

[Bitwit1234]

4. PS

He is only commander in chief of the military not of the citizens of the United States.