Chapter 12 - Preemptive War

The key is the timeline leading from the first Gulf War to the Invasion of Iraq in the second Gulf War.  Figure out what we knew and when, what did Congress approve, what did they base the approval on, and what powers the president used.

Look in particular at whether the president already had arguable authority to go to war left from the UN Resolutions and Congressional resolutions from the first Gulf War.

What is the theory of preemptive war?

Why was the Iraq war a preemptive war?

What if you are wrong in your assumptions about the justification for a preemptive war?

Would the October 16, 2002, resolution pass the adlaw test of setting out intelligible principles to guide the executive?

Does it matter whether it does?

Will a court review it?

How much does the resolution depends on WMDs?

Does being wrong about WMDs make the resolution invalid as a basis for war?

What did Massachusetts v. Laird, 451 F.2d 26 (1st Cir. 1971), tell us about what Congress would need to do to present a judicially reviewable issue?

What would it take to get past the appropriations safety valve for such review?

What are the Congressional Options for an end to the Iraq War?

Remember Holtzman v. Schlesinger, 484 F.2d 1307 (1973)