Some of us know that there was a fascist coup two years ago, but some of us refuse to give up. John Bonifaz probably expects to take his case to the Supreme Court, although he can hardly have any illusions about its chances.

Newsday's Ellis Henican says that Bonifaz believes that war should never be a one-man choice, and that, like many of us, he believes that under the U.S. Constitution it must be the decision of Congress.

The "legendary creative legal stratgist" and MacArthur "genius grant" recipient argues that the Constitution does not permit Congress to delegate its unique power to declare war [even to an elected president, and even when we have such, I might add], according to Article 1, Section 8.

As he drew up his court papers, some legal strategists - even some of Bonifaz's friends - were openly dubious. "Forget about this," they told him.

Congress hasn't passed a formal declaration of war since World War II. Somehow or another, the U.S. had found its way into Korea and Vietnam and the first Persian Gulf War - plus nearly six decades' worth of smaller conflicts - without a single formal declaration of war, whatever Article I, Section 8 of the United States Constitution might seem to say.

Good point.

But the more he studied the law, the more this young lawyer became convinced. This time was different.

In Vietnam, the legal challenges hadn't been brought until the war was underway for years. By then, Congress had already approved major war expenditures and even extended the draft - actions that were arguably the equivalent of a formal declaration of war.

None of that applied here.

"This case deals with an extraordinary moment in American history," Bonifaz said. "Never before has the United States premeditated a first-strike invasion of another country and the conquering and occupation of that country. This is not about repelling a sudden attack."