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The manner by which Bush became President was unconstitutional. There was no constitutional process followed and he was appointed President by Supreme Court judges (the majority of which were appointed by Republican Presidents). Bush and no future President will ever ask Congress to declare war because the world has changed with Weapons of Mass Destruction (none of which have been found in Iraq). The current President, Republican majorities in both houses of Congress, and federal judges (all federal judges are appointed by the President) have not challenged the constitutionality of Bush's power, ie by what constitutional power do we have 250,000 troops in Iraq-- none. What has evolved is that the President carries on wars with Congressional consent because speed is of essence. It seems that politicians have decided that survival of the world is of more pragmatic importance than the purity of the Constitution. The bottom line is that current Supreme and federal judges have not declared any of the above actions unconstutional. The main times Bush invokes the Constitution is when he witholds information on the basis of "national security" (shades of Nixon). The executive branch has become more and more powerful. This is not strictly constituional but it is not being taken to court because most people do not care because survival in the current world is viewed as paramount to the purity of the Constituion.
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