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Six congressmen, along with several U.S. soldiers and parents of soldiers, filed a lawsuit in a federal court in Boston on February 13th. Their suit seeks to bar President Bush from attacking Iraq without Congress formally declaring war. According to a United Press International report, John Bonifaz, lead attorney for the plaintiffs, explained that "a war against Iraq without a congressional declaration of war will be illegal and unconstitutional."
Citing Article I, Section 8 of the Constitution, which states only Congress has the power to declare war, the lawsuit asserts that the congressional resolution on Iraq passed in October 2002 "did not declare war and unlawfully ceded the decision to Bush." "The president is not a king," plaintiff Charles Richardson stressed. "If he wants to launch a military invasion against Iraq, he must first seek a declaration of war from the United States Congress. Our Constitution demands nothing less."
While U.S. District Judge Joseph Tauro agreed to hold an expedited hearing on February ...
Source: HighBeam Research, Lawsuit: Iraq war requires formal declaration. (Insider Report).