Congress and the courts must recommit to the legislative branch's sole authority to declare war.Mario Cuomo wisely addresses the need for CONGRESS and the Democrats to ignore the spin and UPHOLD our Constitution.
Because why? Well, for Me that's simple: T Jefferson and the framers of the Constitution might have been white, rich and alla that ... but they were FRESH OFF a KING. A King. And, we don't want that. THEY did not want that. The United States Constitution stands ALONE as a document that clearly LIMITS government. It's the ONLY document of it's type which does so. Truly. Check around. So -- if you're a Republican OR a Democrat then you best believe in our Constitution. Something's wrong in America .. if we just go back to our roots and ask our men and women in the Congress and Senate to uphold our Constitution -- then everything will start to tilt back. Please. Just ask them to uphold their oaths to protect and honor the Constitutino of the United States of America.
By Mario M. Cuomo
September 3, 2007
Most Americans want the war in Iraq ended, but it continues and Americans are killed, mutilated or wounded every day, as the Democratic majorities in Congress struggle to produce legislation that will take our forces out of harm's way. Meanwhile, President Bush continues to insist that as commander in chief, he has the constitutional power to go to war and decide when to end it, unilaterally. At the same time, another possible disaster emerges from the shadows: Bush appears to be considering a military assault on Iran, again apparently without Congress declaring war first.
How did we get to this point and what, if anything, can we do now?
The war happened because when Bush first indicated his intention to go to war against Iraq, Congress refused to insist on enforcement of Article I, Section 8 of the Constitution. For more than 200 years, this article has spelled out that Congress -- not the president -- shall have "the power to declare war." Because the Constitution cannot be amended by persistent evasion, this constitutional mandate was not erased by the actions of timid Congresses since World War II that allowed eager presidents to start wars in Vietnam and elsewhere without a "declaration" by Congress.
Nor were the feeble, post-factum congressional resolutions of support of the Iraq invasion -- in 2001 and 2002 -- adequate substitutes for the formal declaration of war demanded by the founding fathers.
What can be done now?
First, Democrats should make clear that it is the president who is keeping the war in Iraq from ending. Even if Congress were able to pass a veto-proof bill with respect to withdrawal, the president would resist enforcement of the bill, insisting that as commander in chief, he is immune from Congress' decision. That would raise a constitutional issue for the courts.
But judging by the courts' history concerning constitutional war powers, including decisions involving the Iraq war in the U.S. 1st Circuit Court of Appeals in Massachusetts, the judiciary would, in all probability, choose not to intervene, claiming that the disagreement between the president and Congress is a political question.
However, the political-question thesis is nowhere referred to in the Constitution, and it denies the people the protection of the Constitution in dealing with perhaps the most serious question the nation has to face: "Should we go to war?" That position should be challenged as an abdication of constitutional duty by the courts, but the sad truth is that the current conservative-dominated Supreme Court would probably support our current conservative president. As a practical matter, that means only the president can end this waror change our strategy in Iraq.
Even if it is too late for Congress to remedy its failure to comply with the Constitution with respect to Iraq, at the very least our candidates for president and our congressional leaders should assure us that they will not allow this lapse to result in further unilateral acts of war -- against Iran, Pakistan or any other nation -- by this president or any other. Our leaders must make it clear that in the future, Congress will insist on compliance with Article I, Section 8 for any military action that is not fairly deemed an unexpected emergency.
It is frightening that our government has permitted this fundamental and costly constitutional transgression to persist for more than four years.
We must do everything we can to end the war in Iraq and avoid a new tragedy abroad by recommitting to strict adherence to the rule of law and to the Constitution by the president, Congress and the courts -- especially with respect to war powers.
Mario M. Cuomo, the governor of New York from 1983 to 1995, now practices law in New York.
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text "CHENEY" to 30644 to impeach him first, or text "BUSH" to 30644 to impeach him first, or text "BOTH" to 30644 if you think it would be strategically wise to go for the double play
The heart has it's reasons which reason knows nothing of.
*
We know truth, not only by reason, but also by the heart.
Blaise Pascal
Here's the last 25 messages on the Impeach Cheney matter
No Excuses : Email any rep in the country. Go ahead. They have to answer you; it's what you pay them for. Compel them to uphold their oath to protect the Constitution of the United States of America.
The lie was dead
And damned, and truth stood up instead.
Robert Browning
ANOTHER BUSH LIE
Also TEXT the word "TODAY" to 30644 to become part of the John Edwards campaign. Do it. He actually had rainbow bumper stickers. Kinda thoughtful.
I've saved some sunlight
if you should ever need
a place away from darkness
where your mind can feed.
from Rod McKuen's "I've Saved The Summer"
Our scientific power has outrun our spiritual power.
We have guided missiles and misguided men.
Martin Luther King, Jr. (1929-1968)
Make today COUNT.
Go to to find the phone numbers of your Senators and Representative.
Bill Nelson 202 224 5274
Kathy Castor 202 225 3376 (UPDATED NUMBER)
Mel Martinez 202224 3041
Send a letter to the
St.Pete TimesI don't care what you talk about but keep sending letters until they publish one. They're very selective with WHOM they publish because I see the same names over and over. Don't let a few people speak for ALL of us.
And
call your congressman and talk to her of
Inherent Contempt. Do it. And hug everyone you can reach.
North Jersey JUST DOIN it.Headlights to ImpeachTurn them ON. PlEaSe ! Help a country out here. Also, click the link to sign the petition. Takes three seconds.
Live Vote for ImpeachmentVote in the National Cheney Impeachment Poll Click Here Bush Business (two states moving to convene grand juries) Email your CongressmanCourt of Impeachment and War CrimesBrought to you
LIVE from THE TAMPA NAIL HOUSE ... : Proud members of the drive-by media (just like Thomas Paine, father of America)... located in the midtown desired redevelopment center just one block from the river.
The City of Tampa and it's assorted city-sanctioned gang members need this property because it's in the middle of land they intend to develop for gambling facilities.
LaS VEgas here in Tampa : Ta-Vegas or Tam-Gas.But it's going to cost YOU a helluva lot of money as they defend their criminal acts in federal court due to what they are doing to my family and I in
the process of attempting to steal our home.
Terrorist,"Cause" and Gang Stalking Perpetrated by Tampa Firemen and other Firemen -- revealed and written about.Some more threats from Tampa firemen (we'll just drive by your burning house if we know who you are) no kidding? I would NEVER have guessed that !
Stop Organized StalkingMore mention of Firefighter and Police participation in gang-stalking Technorati Tags
what's in the constitutionTechnorati Tags: magical sheep, Truckspy rawks, shaggy sheep, Mario Cuomo********************************************************
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