President George W. Bush has selected a very appropriate title to our pending military activity. I have never heard the word "war" used so many times in my life without it being declared. This leads me to the conclusion that the American people are also the intended target for "Operation Infinite Justice." The president is not the "Commander-in-Chief" until the Congress declares war. Therefore President Bush cannot command troops to do one thing, much less go to the other side of the world and kill people. Anything short of the Congress declaring war does not transfer authority to the President to act as Commander- in-Chief of the armed forces.
Contrary to the opinions of opportunistic lawyers and politicians the U.S. Constitution is also the war document that limits the powers of the legislative and the executive. The War Powers Act is as illegal as abortion and murder is in America. The Congress can make up stuff all it wants to but the law does not support it if not contained in the U.S. Constitution. 39 Congressmen sued President Clinton for bombing Yugoslavia without a declaration of war and the same is true for President Bush. Thanks to our "excessively speedy court system," complained of by the Democrats in Florida, the court delayed the hearing until the bombing was stopped and the issue became mute.
The first paragraph of case number 1:99cv01072 in Judge Harold H. Greene's U.S. District Court for the District of Columbia reads:
This case was never heard and never ruled upon. Article I Section 8:
Clause 11 states:
To declare War, grant Letters of marque and Reprisal, and make Rules concering Caputers on Land and Water.
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrection and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
That concludes all the war powers of Congress. There is no other form of going to war with a foreign force other than to declare it. There is no such legal thing called the "War Powers Act" because the Congress cannot make legal laws that violate the U.S. Constitution. Therefore Congress cannot authorize the President to command the bombardment of a nation or the acquisition of someone "dead or alive" without a Declaration of War.