2009-05-19 21:34:02 -

NEWARK, New Jersey (AP) - Two mothers of soldiers who served in Iraq have failed in their attempt to sue the federal government over the constitutionality of the war.
U.S. District Judge Jose Linares dismissed the lawsuit Tuesday.
The women and the group New Jersey Peace Action claimed President Bush overstepped his authority by invading Iraq in 2003 without formally declaring war.

Linares sided with the government's position that the courts don't have jurisdiction to rule on what is essentially a political matter. He also wrote that second-guessing Congress is not the judiciary's duty.