Dullums v Bush

Dullums v Bush - that time. Accordingly the motion for...

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Dellums v Bush 1990 I. Facts a. Fifty four members of Congress, to include U.S. Representative Ron Dellums , sued George H.W. Bush in 1990 attempting to halt a preemptive military buildup in the Middle East in response to Iraq's invasion of Kuwait . The plaintiff members of Congress asserted that military action without a declaration of war would be unlawful under U.S. Const. art. I, § 8, cl. 11 of the United States Constitution . The District Court held that, although the plaintiff's claims were plausible, because the President had not yet initiated war-like actions and only 54 members of Congress (53 members of the House and one member of the Senate ) were involved in the suit, and not a majority, the dispute was not ripe for adjudication at
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Unformatted text preview: that time. Accordingly the motion for preliminary injunction was denied. b. II. Legal Questions presented a. That the president of the United States violated Article I of the U.S. Constitution and the 1973 War Powers Resolution by neither providing Congress with notice nor obtaining a congressional declaration of war before initiating a military offensive against Iraq. b. III. Answers a. Denied Dellums' request for an injunction against presidential military action by ruling that the dispute over massive U.S. troop build-up in the Persian Gulf region was not ready for judicial attention. IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes...
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This note was uploaded on 04/30/2010 for the course PLS 459 taught by Professor Lermack during the Fall '09 term at Bradley.

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Dullums v Bush - that time. Accordingly the motion for...

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