Velvel says war unconstitutional
Professor takes suit to higher court
A University of Kansas faculty member has appealed a decision by the U.S. District Court in Topeka on a suit against the Federal government charging unconstitutionality of the Vietnam War.
Lawrence Velvel, assistant professor of law, originally filed the suit against ex-President Lyndon Johnson, ex-Secretary of State Dean Rusk, and ex-Secretary of Defense Clark Clifford in April, 1968.
The defendants have since been changed to President Richard Nixon, Secretary of State William Rogers, and Secretary of Defense Melvin Laird.
Velvet appealed his case to the U.S. Court of Appeals for the Tenth Circuit after the District Court dismissed it contending that he did not have the standing to sue, that it presented a nonjustifiable political question and that it is an unconsented suit against the sovereign.
The court of appeals reaffirmed the District Court's stand last July.
An opinion opposing Velvel's request to the U.S. Supreme Court was filed last week by Erwin N. Griswold, solicitor general of the Department of Justice, advising the Court not to try the case.
The opinion supports the District Court's ruling, declaring that "a taxpayer cannot maintain a suit to challenge the allocation of power over military operations between Congress and the President."
It supports the District Court's ruling that his suit is a political question only and also states that it "involves a direct challenge to the Executive's conduct of such ((foreign) relations . . . A formal declaration of war could have 'multiple unforceable consequences' upon foreign relations."
Velvet said Monday that he feels his case is valid, despite Griswold's opposing stand.
"The war affects every private citizen, as well as the military, very heavily," he said, "everybody is involved in many ways."
Seniors to enroll early
All seniors who plan to graduate in June 1970 will have an opportunity to enroll early for their last semester.
liminary time tables Dec. 10-19 in 206 Strong Hall.
Seniors can pick up their folders, enrollment cards and pre-
The College of Liberal Arts and Sciences Office sent a letter to all seniors informing them of the pre-enrollment procedures. Included in the letter was a questionnaire on post-graduate plans and an evaluation of the educational opportunities and services at KU.
The enrollment materials are to be filled out and signed by an adviser, and then returned with the senior questionnaire to the College office where the final senior check will be made.
Veda Gibson, assistant to the dean of the College of Liberal Arts and Sciences, said the early enrollment procedure was the only way seniors could be checked to see if they had filled the graduation requirements.
to declare war) is violated.
Velvel's suit claims that "the United States has been fighting a large scale war in Vietnam without a Congressional declaration of limited or general war" and contends that Article I, Section 8, Clause 11 of the U.S. Constitution (giving Congress the power
Gladys Padget, placement director for the College, said the letters were supposed to be mailed Monday but the printing service accidentally sent them out before the Thanksgiving vacation.
He claimed in the petition that the defendants are conducting the Vietnam war without proper legal authorization, thus unlawfully arrogating themselves the Congressional power to declare war.
Dec. 2
1969 KANSAN 5
He asked the District Court to
"issue an order requiring defendants either to obtain a Congressional declaration of limited or general war or discontinue fighting in Vietnam."
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