It’s the American way. Got a problem? Take it to court.
Even if that problem is military action in Libya.
While Rep. Boehner is taking a more diplomatic tact by sending a letter to President Obama seeking clarification on Libya, others have had enough and are challenging him in federal court.
This is an action for injunctive and declaratory relief. In addition to challenging the circumvention of express constitutional language, it will also challenge arguments that no one (including members of Congress) has “standing” to submit this question to judicial review. These members will ask the federal district court for review of the constitutional question and for recognition that the Constitution must allow for judicial review of claims of undeclared wars under Article I.
The Congressional members in the suit are from both parties and include Representatives Roscoe Bartlett (R., Md); Dan Burton (R., Ind.); Mike Capuano (D., Mass.); Howard Coble (R., N.C.); John Conyers (D., Mich.); John J. Duncan (R., Tenn.); Tim Johnson (R., Ill.); Walter Jones (R., N.C.); Dennis Kucinich (D., Ohio); and Ron Paul (R., Tx).
- Boehner’s Libya Warning: White House Responds (abcnews.go.com)
- Members of Congress Challenge Libyan War in Federal Court (jonathanturley.org)
- Lawmakers sue President Obama over Libya (atlasshrugs2000.typepad.com)