Polls indicate that most Democrats believe that the war in Iraq is a mistake. This creates a problem for Hillary Clinton. She enthusiastically endorsed the "Authorization for Use of Military Force Against Iraq Resolution of 2002." Barack Obama opposed the resolution. In a speech before the vote, while he was still a member of the Illinois Senate and a candidate for the U.S. Senate, Obama said: "I know that even a successful war against Iraq will require a U.S. occupation of undetermined length, at undetermined cost, with undetermined consequences. I know that invasion of Iraq without a clear rationale and without strong international support will only fan the flames of the Middle East and encourage the worst, rather than the best, impulses of the Arab world, and strengthen the recruitme...
Consistent with the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), the Authorization for the Use of Force Against Iraq Resolution (Public Law 102-1), and in order to keep the Congress fully informed,...
President Bush's campaign keeps asking pointed questions about Sen. John Kerry's "vote for war" against Iraq two years ago. The claim Congress' Authorization for Use of Military Force Against Iraq Resolution of Oct. 11, 2002, was a "vote for war" reflects the letter of the resolution, but flies in the face of its spirit. The measure authorized presidential use of force against the "continuing threat posed by Iraq." On Oct. 8, 2001, on the eve of the vote in Congress, Mr. Bush delivered a major address to the nation on the Iraqi threat. He said: "Approving this resolution does not mean that the military action is imminent or unavoidable. This resolution will tell the United Nations, and all nations, that America speaks with one voice.
...The military and intelligence communities have disputed which o... of an independent congressional authorization to use force against a target, the covert action s... has an obligation under the War Powers Resolution to make a written report to the entire Congress wi... BOBBITT, THE SHIELD OV ACHILLES 5--10 (2002); Matthew C. Waxman, Cyber-Attacks and the Use of ...forces in Iraq, which could easily be framed as falling within th...
...military personnel in Iraq in 2006. Plaintiffs were releas... violations of their constitutional rights against former Secretary of Defense Donald Rumsfeld and ot...They were assured that U.S. forces would come to rescue them. ¶ 124. . U.S. forces c...Sorema N.A., 534 U.S. 506, 513-14 (2002). . The notice pleading standard under Rule 8 of t... allegedly "rescinded his formal authorization to use those techniques generally, but took no mea... for Use of Military Force Against Iraq Resolution of 2002, Pub. L. No. 107-243, 116 Stat. 1498 (2002...
We're certainly not lamenting the death of former Libyan dictator Moammar Gadhafi. Before being kicked out of power this summer by NATO-backed rebels, he tyrannized and terrorized his people for 42 years. He also engaged in acts of international terrorism, such as the 1986 bombing of a Berlin discotheque that killed three people, including two American servicemen, and the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, killing 270 people. But in recent years, Gadhafi, although still a tyrant at home, had agreed to give up his nuclear weapons program and was taken off the U.S. government's list of state sponsors of terror. He paid restitution to some of the families of his victims.
A revolt broke out against his regime in February in the area around Benghazi... the United Nations' approval of the use of force as justification for engaging our military. Yet th...declare war." At least in the case of the Iraq invasion in 2003, President George W. Bush got froom Congress the "Authorization for Use of Military Force against Iraq Resolution of 2002" in October that year. "I'm not going to shed a te...
... of Defense (DOD) and its military forces, bears the responsibility for directing the manner... lessons that exploit US advantages against adversary vulnerabilities." 32 This incorporatio...Armed Forces. 50 In fact, in February of 2002, the President issued a memorandum directing that ...72 This tension requires resolution through application of the Constitution and inter... express or implied congressional authorization, his power is at its zenith; (2) when the Executiv... Law, 1st Infantry Division, Operation Iraqi Freedom 2004; Operational Law Attorney, United Sta...
... by Congress or constitutional authorization. It will simply come about because Obama says so. ... secrets" legal defense to prevent trials against those who may have participated in torture. Now Ob... or constitutional excesses: the Military Commissions Act of 2006; the Foreign Intelligence ... the Fourth Amendment; the Status of Forces Agreement with Iraq concluded by Bush-Cheney as an... for use of military force against Iraq resolution of 2002." This resolution effectively (and unconst...
Introduction. II. The Meaning of the Commander-in-chief Clause. A. The Conventional View that Congress Authorizes the President. B. The Inherent Commander-in-Chief Powers Thesis. 1. Theoretical Justification. 2. Criticisms. III. Structural Objections to the Inherent Powers Thesis. A. Quick Military Strikes. 1. The Iran Hostage Rescue Mission. 2. Preemptive Nuclear Strikes. 3. The Problem with Unilateral Quick Military Strikes. B. Secret Executive Branch Actions. 1. Iran-Contra. 2. National Security Agency (NSA) Warrantless Surveillance. 3. The Problem with Secret Executive Branch Action. IV. Conclusion.
... independent of any statutory authorization by Congress) to take such controversial actions as... authorize the President to use military force. This Article next presents the inherent Commander... to the power to initiate military action against another nation (or non-state entity). . A. The Con... on a United Nations Security Council Resolution, President Truman had committed U.S. armed forces ... upon the examples of military operations in Iraq, Afghanistan, and Kosovo to support his argument t..., followed by another $4 billion in mid-2002, with additional expenses of up to $2.5 billion pe...
...Constitution wrote against a background understanding that the war power was ..., plenary constitutional power of military command. But it does not include a power to declar... to Congress (i.e., the power of armed forces command--the power to conduct war--which I discuss... and large wars, without Congress's authorization, a fair bit of the time. Has our nation's actual c... tone and attitude from the War Powers Resolution of 1973, (23) which was not so much repealed as si... military force specifically with respect to Iraq is also, legally, a fully functional declaration o...COMMENT. 215, 238-39 (2002). For outstanding, full-length presentations of th...
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