Dellums v. Bush

752 F. Supp. 1141 (D.D.C. 1990)

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Nature of the Case

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Facts

On August 2, 1990, Iraq invaded the neighboring country of Kuwait. D immediately sent United States military forces to the Persian Gulf area to deter Iraqi aggression and to preserve the integrity of Saudi Arabia. The United States, generally by presidential order and at times with congressional concurrence, also took other steps, including a blockade of Iraq, which were approved by the United Nations Security Council, and participated in by a great many other nations. On November 8, 1990, D announced a substantial increase in the Persian Gulf military deployment, raising the troop level significantly above the 230,000 then present in the area. The objective was to provide 'an adequate offensive military option' should that be necessary to achieve such goals as the withdrawal of Iraqi forces from Kuwait. Congress was not asked for, and it did not take, action pursuant to Article I, Section 8, Clause 11 of the Constitution 'to declare war' on Iraq. On November 19, 1990, Ps brought this action, claiming that the initiation of offensive action is imminent and that such action would be unlawful in the absence of a declaration of war by the Congress, and that a war without concurrence by the Congress would deprive Ps of the voice to which they are entitled under the Constitution. Ps seek a preliminary injunction. D has moved to dismiss.