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
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
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
What are the Congressional Options for an end to the Iraq War?
Remember Holtzman v. Schlesinger, 484 F.2d 1307 (1973)