Institute for Public Accuracy
915 National Press Building
Washington, D.C. 20045
(202) 347-0020
* http://www.accuracy.org
* [EMAIL PROTECTED]
___________________________________________________
Thursday, April 29, 1999

Last Night's House Vote Makes It Official:
THE BOMBING OF YUGOSLAVIA IS ILLEGAL

JULES LOBEL
* [EMAIL PROTECTED]
Professor of Constitutional and International Law at the University of
Pittsburgh

MICHAEL RATNER
* [EMAIL PROTECTED]
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."

For more information, contact at the Institute for Public Accuracy:
Sam Husseini
(202) 347-0020

David Zupan
(541) 484-9167


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