No excuse for war.

• Position: Comment

The debate over Bush's war plans for Iraq has consisted largely of a disagreement within the Republican Party and the national security alumni association over the practicality of war. Almost inaudible are the legal and moral arguments against it.

This war would violate the Constitution.

It would brazenly breach international law.

It would mock the U.N. Charter.

It would fail miserably to pass the "just war" test.

And, above all, it would senselessly kill thousands--perhaps tens of thousands or more--innocent Iraqis.

In early September, President Bush bowed to critics from his father's Administration and pledged to "seek approval" from Congress so he could do "whatever is necessary" against Saddam Hussein. But, as Senator Russ Feingold, Democrat of Wisconsin, has argued, a new invasion of Iraq would be illegal unless Bush got a formal declaration of war from Congress. The Constitution is clear: Article 1, Section 8, says, "The Congress shall have power ... to declare war." Our founders feared that a President, acting on his own discretion, would be more likely to embroil the nation in dangerous adventures than would the Congress, which is closer to the public.

Bush's war would also be illegal under international law, which holds that country A can attack country B only when country B has already attacked country A or is about to attack country A. Neither applies to Iraq. (Actually, under international law, Saddam Hussein may have a better case for attacking the United States today than Bush has for attacking Iraq, since Bush is threatening an imminent war against Iraq.) Try as they might, Bush officials have failed to present credible evidence that Saddam Hussein was involved in the attacks of September 11. But who needs evidence? They seem to think they can attack any country any time they want.

In addition, Bush's war would be a violation of the U.N. Charter, which states that "all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state." The only time that doesn't apply is under Article 51 of the charter, which allows a nation to use force in self-defense.

But Bush's war can hardly be construed as one of self-defense. Vice President Dick Cheney, in his speech before the Veterans of Foreign Wars, talked about the "mortal threat" that Saddam Hussein poses. And Bush downgraded this only slightly on September 4 when he repeatedly called...