Last Night's House Vote Makes It Official:
The Bombing Of Yugoslavia Is Illegal
WASHINGTON - April 29 -
JULES LOBEL
Professor of Constitutional and International
Law at the University of
Pittsburgh
MICHAEL RATNER,
Attorney, Center for Constitutional Rights
Lobel and Ratner have litigated numerous cases
challenging illegal
wars including Dellums v. Bush, the case that forced President Bush
to obtain congressional authority for the Gulf
War in 1991. In a joint
statement released today, they said: "In a remarkable
vote against
the war in Yugoslavia, the House of Representatives,
by a vote of 213
to 213, failed to give the President the constitutionally
required
authorization he needed to carry on the air war
against Yugoslavia.
The Constitution grants Congress the sole power
to declare war. It
must give its affirmative assent. It did not do
so. Contrary to the
President's statement that he will continue this
war, he has no
authority to do so. It would be a remarkable
act of executive hubris
and illegal as well to continue the bombing. It
is a serious subversion
of our constitutional structure (and is impeachable).
His only option
is to end the aerial bombardment and negotiate
a peaceful solution."
Relevant legal citations:
U.S. Constitution: Article I, Section 8.
"The Congress shall have power to... declare war..."
The War Powers Resolution, 50 U.S.C.A.
Sections 1541-1548.
Section 2(c): "The constitutional powers of the
President as
Commander-in-Chief to introduce United States
Armed Forces into
hostilities, or into situations where imminent
involvement in hostilities
is clearly indicated by the circumstances, are
exercised only
pursuant to (1) a declaration of war, (2) specific
statutory
authorization, or (3) a national emergency created
by attack upon the
United States, its territories or possessions,
or its armed forces."
Resultados de la votaciones
QUESTION: On Agreeing to the Resolution
BILL TITLE: Authorizing the President of the United
States to
Conduct Military Air Operations and Missile Strikes
Against the Federal Republic of Yugoslavia (Serbia
and Montenegro)
si no
no votan
REPUBLICAN
31 187
4
DEMOCRATIC
181 26
4
INDEPENDENT
1
TOTALS
213 213
8