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Dellums v. Bush

United States District Court for the District of Columbia
752 F.Supp. 1141 (D.D.C. 1990)


Shortly after Iraq invaded Kuwait, the United States began positioning approximately 230,000 troops in the Persian Gulf area for the express purpose of providing an adequate offensive military option to oust Iraqi forces from Kuwait. Congress was never asked and did not take action to declare war pursuant to the Declare War Clause of the United States Constitution, Art. I, § 8, cl. 11. Congressman Ronald Dellums and several other members of Congress (plaintiffs) filed suit in federal district court against President George H. W. Bush (defendant), seeking injunctive relief to prevent President Bush and Secretary of Defense Dick Cheney from proceeding with the offensive military operations against Iraq without obtaining a declaration of war or other explicit congressional authorization. The Department of Justice (DOJ), on behalf of President Bush, opposed the plaintiffs’ motion for a preliminary injunction and filed a motion to dismiss the action.

Rule of Law


Holding and Reasoning (Greene, J.)

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