- The Washington Times - Tuesday, February 25, 2003

A federal judge yesterday threw out a lawsuit filed by group of lawmakers and soldiers' relatives seeking to prevent President Bush from starting a military incursion against Iraq.
U.S. District Judge Joseph Tauro's ruling denied the plaintiffs' suit challenging the authority of the president to wage war against Iraq without a clear declaration of war by the Congress.
Rep. Jim McDermott, Washington Democrat, lead plaintiff in the case, had argued that only Congress could declare a war.
"There is no precedent for such an exercise of presidential power," argued the plaintiffs, who included several parents whose sons already were in the Gulf, in court documents.
"In the past, significant prolonged combat amounting to war has been initiated only to repel attack, never as a pre-emptive strike.
"The Constitution confers upon Congress, not upon the president, the power to declare war."
The Justice Department welcomed the judge's decision to dismiss the lawsuit.
"The president has broad powers as Commander in Chief of the Armed Forces to determine when to use force to defend the national security of the United States," said Attorney General John Ashcroft in a statement.

Copyright © 2019 The Washington Times, LLC. Click here for reprint permission.

The Washington Times Comment Policy

The Washington Times welcomes your comments on Spot.im, our third-party provider. Please read our Comment Policy before commenting.


Click to Read More and View Comments

Click to Hide