You and Patriot make identical points, so I'll answer both at once. It's not open for debate that the war was illegal. Congress did not declare war. End of discussion. I suggest a reread of section 8 of the Constitution. And yes, I realize that it's just a @#$@#$ piece of paper. But to some of us, it means something. At the very least, it means what it says.
The rest follows from there. All of the consequences of the original crime are on the head of the criminal. That includes not only the administration, but Congress who failed to impeach the president for waging undeclared war. I don't recall ever saying something as simplistic as, "It's Bush's fault."
Indeed, Congress is doubly contemptible. That passed a non-declaration of war so they could claim they were "strong on national defense," but refrained from declaring war so they could blame the outcome on Bush. If they suddenly had an attack of morality, they would impeach Bush--and then have themselves shot for treason.
--Len.
Making blanket statements like 'it's not open for debate that the war is illegal' only undermines your argument. Heard of Doe v Bush? Or have you decided that this part of the Constitution isn't relevant:
Article III
Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party
Skirting that issue for the moment,
Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
[...]
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures 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 insurrections 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;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Nowhere does it say that Congress must declare war in order for U.S. military action to take place. What it does say is that Congress has the power to declare ware as well as various powers concerning the armed forces. If Bush unilaterally declared war, that might be one thing. Congress, however, authorized him to take action.
Maybe you are right about the war being illegal. That is a question for constitutional scholars and the courts. It pertains to constitutional law and theory (i.e. interpreting the constitution). Until then, making statements like that is just silly.
