Chapter 12 - Preemptive War
The Timeline
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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.
Preemptive War
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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?
Authorization for Use of Military Force
Against Iraq Resolution of 2002
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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?
How did it the affect the presidential primaries?
Could Congress Stop the War?
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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?
Practical politics
 Were there ever enough votes in Congress to stop the
war?
 Why is this the only question that really matters?
Brave New World
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How have things changed with the Obama
presidency?
Is the proper working of the political process, i.e.,
is changing the president the best way to change
war policy?