ACLU, 51 Groups Urge Congress to Deny Bush Power to Start War

The American Civil Liberties Union, joined by 51 other national organizations, on Tuesday called on Congress to adopt a resolution intended to prevent President Bush from starting a war with Iraq without congressional approval.

In a statement, the groups urged Congress, which is to convene a new session on Thursday, to “adopt, prior to the initiation of any offensive military action, a resolution asserting that . . . the President cannot initiate an offensive war against Iraq without the prior authorization of Congress.”

Such a resolution is expected to be introduced in the House on Thursday by Reps. Charles E. Bennett (D-Fla.) and Richard J. Durbin (D-Ill.) and in the Senate by Iowa Democrat Tom Harkin.

Elsewhere, in another bid for peace in the Persian Gulf, Japan has offered to resume financial aid to Iraq if it withdraws from Kuwait, Prime Minister Toshiki Kaifu said Tuesday in Tokyo.

“I hope Iraq will choose a peaceful solution. If it does, Japan is prepared to extend economic cooperation,” Kaifu said in a televised New Year’s message.

Japan was Iraq’s largest donor before the Aug. 2 invasion. Resumption of Japanese aid could mean nearly $3 billion for Baghdad.

In Washington, the White House said Kaifu was one of several leaders President Bush telephoned with New Year’s greetings.

In its statement, the ACLU and the other groups cited Article 1, Section 8, Clause 11 of the Constitution, which deals with the enumerated powers of Congress and specifically mentions the power to declare war.

“The Constitution clearly requires congressional authorization prior to an offensive military action by the President,” said Morton Halperin, director of the ACLU’s Washington office.

“Defense Secretary (Dick) Cheney is simply wrong to assert that the President does not require any further authority from Congress before committing U.S. forces to military action in the gulf,” he said.

Cheney, in testimony before Congress early last month, said: “I do not believe the President requires any additional authorization from the Congress before committing U.S. forces to achieve our objective in the gulf.”

And the Administration--defending itself against a suit brought by 53 members of Congress asking the U.S. District Court to order Bush to seek a declaration of war--argued that the constitutional meaning of Congress’ power to declare war in no way inhibits the President from deploying the armed forces into battle.