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THE BALKANS QUAGMIRE A violation of War Powers Act? 'Clinton's time is up' say congressional members Posted: May 26, 1999 1:00 am Eastern By Stephan Archer
The 60-day period accorded President Clinton to engage U.S. troops in hostilities without congressional approval officially expired yesterday -- at least that's what certain members of Congress who oppose the bombing in Yugoslavia say in claiming the president is now in violation of the War Powers Resolution Act of 1973. "President Clinton has nothing left to claim," said Rep. Ron Paul, R-Texas. "He is in complete violation of the War Powers Resolution, there is simply no other interpretation." Twenty-six congressional members, led by Rep. Tom Campbell, R-Calif, and Dennis Kucinich, D-Ohio, had filed a lawsuit against Clinton at the end of April for violating both the U.S. Constitution and the War Powers Resolution by allowing U.S. forces to participate in NATO air attacks against Yugoslavia. The lawsuit maintains that, according to the War Powers Resolution Act, Clinton must seek congressional approval for the Balkan war if he wished to pursue it beyond 60 days. It began March 26. With the deadline now here and with no indication from Clinton that he will seek congressional approval for the war, these 26 members of Congress hope to challenge Clinton's actions in court. Regarding the lawsuit, Suhail Khan, Campbell's press secretary, said that it is hoped that the motion will be heard in front of a judge by June 3. However, delay tactics by both the White House and the Department of Justice are expected, Khan said. With an earlier vote by Congress, which defeated a bill that would have given Clinton the authorization he needed to conduct military operations against Yugoslavia, Campbell's office said that it was clear the president was now violating constitutional law that states only Congress can declare war. Campbell said that Congress must reassert this power with the lawsuit. "Our troops are in a state of war in Kosovo. To say anything else is sophistry. To use circumlocution and verbal distinctions is unconscionable where American servicemen and women's lives are at stake," said Campbell. "Congress cannot escape from its responsibility to decide when American armed forces are to be committed in war overseas," continued Campbell. "We cannot surrender our constitutional right, and our constitutional obligation. We must reassert it. This litigation will do so." Campbell mentioned that no "inherent" power of the president as commander in chief gives him the authority to declare war where there was no attack against the United States, no summons from an ally under attack or no emergency that prevented congressional deliberation. Kucinich, who wasn't available for further comment, initially supported Clinton's initiatives placing American troops in the war-torn Balkan region as a peace-keeping force, but now, he challenges NATO's justification for "its military campaign against civilians" and wonders what the bombing has accomplished. Paul, commenting on the lawsuit, of which he is a part, said, "This president has violated the law and he must be taken to task. It is a shame that Congress has not done more to stop the president from this destructive course. So it is therefore incumbent upon us to resort to the courts to force Mr. Clinton to follow his Oath of Office to uphold the Constitution and laws of the United States." Referring to Clinton's disregard for the War Powers Resolution, Paul added, "Once again, President Clinton is demonstrating his utter disregard for the Constitution and laws of this nation. He apparently views himself as a king, rather than the president of a constitutional republic; he must believe that his will is the law, rather than the Constitution and acts of Congress. To say this president is anything but dangerous and reckless would be a gross understatement." Paul expressed concern that the Balkan conflict could spread to other nations creating a larger world conflict thereby making Americans both at home and abroad more susceptible to the threat of terrorism and other forms of retaliatory action. However, he also is encouraged by the lawsuit against the president. According to Paul, all the congressional members who signed their names to it have legal standing because Clinton's actions usurped Congress' constitutional and legal rights to declare war and provide oversight.
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