The Iraq War Is Now Illegal

[Hissyspit]

http://www.alternet.org/waroniraq/116898/the_iraq_war_is_now_illegal

The Iraq War Is Now Illegal
By Bruce Ackerman and Oona Hathaway, The Daily Beast. Posted January 3, 2009.

Ongoing combat in Iraq is illegal under US law. As of January 1, Congress' authorization of the war expired.

The Bush administration's infatuation with presidential power has finally pushed the country over a constitutional precipice. As of New Year's Day, ongoing combat in Iraq is illegal under US law.

In authorizing an invasion in 2002, Congress did not give President Bush a blank check. It explicitly limited the use of force to two purposes: to “defend the national security of the US from the threat posed by Iraq” and “enforce all relevant UN Security Council resolutions.”

Five years after the fall of Saddam Hussein, the government of Iraq no longer poses a threat. Our continuing intervention has been based on the second clause of Congress' grant of war-making power. Coalition troops have been acting under a series of Security Council resolutions authorizing the continuing occupation of Iraq. But this year, Bush allowed the UN mandate to expire on December 31 without requesting a renewal. At precisely one second after midnight, Congress' authorization of the war expired along with this mandate.

Bush is trying to fill the legal vacuum with the new Status of Forces Agreement (SOFA) he signed with the Iraqis. But the president's agreement is unconstitutional, since it lacks the approval of Congress. Bush even refused to allow Congress access to the terms of the deal. By contrast, Prime Minister al-Maliki followed his constitution and submitted the agreement for parliamentary approval. While the Iraqi parliament debated its terms, leading members of Congress were obliged to obtain unofficial English translations of texts published by the Arab press.

Bush defends his extraordinary conduct by claiming that it is traditional for commanders in chief to negotiate status of forces agreements without congressional consent. But the Iraqi agreement goes far beyond anything in the traditional SOFAs concluded with close to 100 countries since World War II.

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[chill_wind]

1. K&R.

[usregimechange]

2. Or is it illegal in yet another way?

[Gregorian]

4. I was trying to figure that one out too.

Not an imminent threat. Hmmm.

But it's at least some more leverage. For something.

[MrSlayer]

3. So?

A trifling matter such as the law means nothing in this country anymore. Unless they catch you with a joint or something.

[Solly Mack]

5. K&R

[Occam Bandage]

6. Only now? nt

[Stevepol]

7. It was always illegal, turn it or twist it this way or that, any way you look at it.