Rutgers Law professor, N.J. peace group challenge constitutionality of Iraq invasion

[babylonsister]

Rutgers Law professor, N.J. peace group challenge constitutionality of Iraq invasion

By Joe Ryan / New Jersey Star-Ledger


A Rutgers University law professor argued in federal court in Newark today, on behalf of a New Jersey peace group, that President Bush violated the U.S. Constitution's initial intent when he ordered the 2003 invasion of Iraq.

Frank Askin, founder of the constitutional litigation clinic at the Rutgers School of Law in Newark, said the framers clearly gave Congress -- not the president -- authority to declare war.

When lawyers and judges cite the original intent of the framers of the Constitution, they're often marshaling conservative arguments. And Supreme Court Justice Antonin Scalia, noted for his right-leaning views, is a leading figure in the stick-to-the-original-text school of jurisprudence.

But conservatives don't hold a monopoly on the theory. Afterward, Askin even mentioned Scalia might take an interest in the arguments in the case.

"We think Scalia is going to love this case. It's all about the initial intent of the founders," said Askin, who argued the suit for the group New Jersey Peace Action.

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[AngryAmish]

1. ooops, a tad late there, little buddy.