Purpose of IWR is completed and IWR is no longer in force
http://abcnews.go.com/Politics/story?id=2875653&page=1Edwards: Bush Waging War 'Without Authorization'
RNC Calls Edwards' Claim 'Preposterous'; Legal Expert Disagrees
By TEDDY DAVIS Feb. 14, 2007
Former Sen. John Edwards, D-N.C., said Wednesday that President Bush is waging war in Iraq "without authorization." A GOP spokesman called Edwards' claim "preposterous," but a leading national security expert disagreed with that assessment.
"We need to make clear, the Congress needs to make clear," said Edwards, "that President Bush has been conducting this war at this stage without authorization, because the 2002 authorization did not give George Bush authority to use U.S. combat troops to police a civil war, which is exactly what's happening right now."<snip>
Dan Ronayne, a Republican National Committee spokesman sharply rebuked Edwards, pointing to the former senator's 2002 vote that authorized the president to use the U.S. Armed Forces "as he determines to be necessary and appropriate in order to defend the national security of the United States against the continuing threat posed by Iraq." <snip>
Stephen Dycus, a Vermont Law School professor and the author of the leading casebook on national security law, told ABC News that the Iraq War resolution, which Edwards supported, is "very broadly drawn." <snip>
Despite the broad wording of the Iraq War resolution, Dycus believes it is reasonable for Edwards to argue that the president's authority is constrained by the original purpose for which the power was granted.
"A good argument," said Dycus, "can be made that the president needs to come back to Congress because the stated purpose of the original resolution either didn't exist, or has been accomplished."