not impeachment?

read today:
The Constitution is very clear on the point that only Congress may initiate military hostilities. Article, I, Section 8 gives Congress the power to declare war, and the deliberations of the Framers and of the state ratifying conventions establish that this provision was understood to give Congress sole authority to choose between war and peace.

The plain fact of the matter is that Iraq’s armed forces had not attacked US territory. That they might conceivably have done so at some point in the future is, from a constitutional perspective, irrelevant. The administration’s doctrine of pre-emption does not exempt the president from the requirement to obtain a declaration of war from Congress.

Furthermore, the president cannot cite the war resolution passed on October 10, 2002 as providing him with the authority to invade Iraq. This resolution did not keep the fundamental choice between war and peace in the hands of Congress. As legal scholar Louis Fisher has written, “Did Congress actually decide to go to war? Not really. Members of Congress transferred that choice to Bush. They decided that he should decide.”

The fact that Congress chose to abdicate its constitutional responsibility to decide between war and peace has no bearing on the legality of President Bush’s actions. The decision by one branch to abandon its constitutional prerogatives does not legitimate usurpations by the other branch.

In all cases, Congress must either forbid military action or command the president to carry it out. Both the Framers’ writings and early judicial decisions support the idea that the Constitution simply does not leave room for executive discretion in this matter.