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Russell Feingold
New enemy, another presidential war
New enemy, another presidential war

Ever since George W. Bush in 2002 began driving up public frenzy for his invasion of Iraq on trumped-up justifications a year later, Congress's constitutional role to declare war has continued to be cold-shouldered. Then, Mr. Bush relied on an interpretation of Article II, Section 2 — specifying that "the President shall be Commander in Chief of the Army and Navy ... when called into actual Service of the United States" — to start that war. Under the inventive mind of his Justice Department legal counsel, conservative lawyer John Yoo, the notion of "the unitary executive" held sway, giving the president sole power to launch armed conflict. Mr. Yoo,...