Constitutional Law
Law Prof Says Scalia Will Love His Original Intent Claim in Iraq Case
Posted Apr 22, 2009, 12:29 pm CST
By Debra Cassens Weiss
Rutgers University law professor Frank Askin contended in court arguments yesterday that the Iraq invasion violated the framers’ original intent.
Askin contends the Iraq war is unconstitutional because Congress did not declare war on the country, the New Jersey Star-Ledger reports. U.S. District Judge Jose Linares is considering whether to dismiss Askin’s suit, filed on behalf of the group New Jersey Peace Action.
The government argues in support of dismissal that Congress engaged in vigorous debate before giving President Bush authority to send troops to Iraq.
The goal of the suit, filed on behalf of two women whose sons served in Iraq, is to make sure future presidents don’t interfere with Congress’ authority to declare war, Askin said.
He told the Star-Ledger that conservatives don’t have a monopoly on original intent arguments. Conservative Justice Antonin Scalia is a leading proponent of the theory, and Askin thinks he could take an interest in the arguments.
"We think Scalia is going to love this case,” Askin told the newspaper. “It's all about the initial intent of the founders.”
Comments not appearing after a few seconds? Try emptying your cache ("Temporary Internet files"), making sure Javascript is activated, and refresh this page.