THE IRAQ WAR and the American Constitution

Lawyer Rob Gaudet says a declaration of war does not suspend the bill of rights; "What is Tim Brown talking about? I wasn't aware that a Congressional declaration of war could legally suspend the Bill of Rights. Indeed, those rights are incapable of being suspended under the rule of law. Maybe they aren't enforced but that's a little different (unless you believe in Tom Grey's "true law" theory, which nobody does) from saying that they are outright suspended. Congressional declarations of war do not carry that authority, and attempts to use them for that purpose would be found unconstitutional".

Ronald Hilton - 3/30/03