Global Politician: "The State Department's real weakness in coming months will likely transpire to be that only Congress, not the president, is authorized to declare war. The court will assert that without an official declaration of war, the president could not have lawfully waged war on another nation. Ouch. What's more, the often heard view of war opponents like Hinchey and John Conyers, who have also been creating commotion about the leaked Downing Street memo, that had the declaration-of-war requirement been adhered to in the first place, Congress might well have discovered in the process that the president's WMD claims were defective will likely gain an awful lot of potency. `The Congress might also have concluded that invading a sovereign and independent country for the purpose of 'spreading democracy', a war in which tens of thousands of innocent people would be killed and maimed, could not be justified under moral principles`, says Hornberger. `By waging war on Iraq without the constitutionally required congressional declaration of war, the president violated the Constitution. Some people pooh-pooh the violation, perceiving the Constitution as simply a technical document that can be violated whenever the president feels that 'national security' or even the welfare of foreigners necessitates it. Some also make the claim that when Congress delegated its power to declare war on Iraq to the president (on the eve of the 2002 congressional elections), that delegation served as an adequate substitute for an actual declaration of war on Iraq. They are wrong. The Constitution is the supreme law of the land that we the people of the United States have imposed on our federal officials. Like it or not, U.S. officials are supposed to comply with its restrictions on power`, according to Hornberger.
So to sum everything up once more; besides the total absence of WMD on the ground in Iraq, the way the war was started can be safely termed the most controversial aspect of this war. Most notably because it represented a unilateral action by the US which not only risked its isolation on the world stage, got many innocent people killed and created enormous renewed security risks to the homeland."
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