by Martin W. Schwartz

Created on: February 27, 2007   Last Updated: April 19, 2007

THIS WILL NOT WORK. A congressional resolution authorizing military action has the force and effect of law. An change that revokes this law retroactive effect, would constitute an "Ex Post Facto" law, which is specifically prohibited by the U.S. Constitution, Article I section 9.

Since such a law would effectively "punish" the president for keeping troops in Iraq, it falls within the body of U.S. Supreme Court case law (precedent) that defines prohibited legislation under this Article, and is clearly impermissible.

The only way to force the Bush Administration to withdraw U.S. forces from Iraq would be to cut off funding, prospectively - meaning going forward. This Congress is unwilling to do.

The fact that Congress would even think of passing an ex post facto law, speaks volumes as to the deficiencies of the House and Senate majority leadership. Nancy Pelosi, the current Speaker of the House, is exhibiting the same kind of absence of common sense and lack of good judgment that has become the hallmark of the Bush Administration. Just look at her choices for the heads of, respectively, the House Intelligence Committee (Rep. Hastings, D-FL) and the Homeland Security Committee (Rep. Jefferson, D-LA).

Hastings is only one of five federal judges ever impeached and removed from office because of allegations of bribe receiving. Jefferson is the infamous legislator currently under FBI investigation, who had $90,000 in cash hidden in a freezer in his congressional office. Neither of these men can possibly pass the processes used to issue security clearances to congress-persons who are to head committees that deal with highly classified information. Again, what, if anything, was Mrs. Pelosi thinking when she tried (and failed due to public pressure) to make these abominable appointments.

Other than the judiciary, our present federal government - executive and legislative branches - has gone to Hell in a Hand basket. So much for this silly endeavor to revoke of the 2002 Iraq War resolution.

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