Chapter 12 - Preemptive War

1
Chapter 12 - Preemptive War
2
The Timeline

• 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.
• Were we essentially on a war footing with Iraq
  the whole time?

3
Preemptive 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?

4
Authorization for Use of Military Force Against
Iraq Resolution of 2002

• 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 2008 presidential
  primaries?

5
Could Congress Stop the 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?
• Practical politics
• Were there ever enough votes in Congress to stop
  the war?
• Why is this the only question that really matters?

6
Brave New World

• 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?
• Can it really change the policy of an ongoing war?