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apparent congressional authorization, or against congressional opposition... To the contrary, Congress has been deeply involved in significant debate, activity, and authorization connected to our relations with Iraq for over a decade, under three different presidents of both major political parties, and during periods when each party has controlled
Congress.
186:" prior to the invasion to stop it from happening. They claimed that an invasion of Iraq would be illegal. Judge Lynch wrote of their argument, "They base this argument on two theories. They argue that Congress and the President are in collision -- that the President is about to act in violation of the
230:
1971), which similarly found that the
Vietnam War was constitutional. Lynch concluded that the Judiciary could not intervene, because there was not a fully developed conflict between the President and Congress at that time. On March 17, the plaintiffs filed for a rehearing. Their petition was
49:
John Doe I, John Doe II, John Doe III, John Doe IV, Jane Doe I, Susan E. Schumann, Charles
Richardson, Nancy Lessin, Jeffrey McKenzie, John Conyers, Dennis Kucinich, Jesse Jackson, Jr., Sheila Jackson lee, Jim McDermott, Jose E. Serrano, Sally Wright, Deborah Regal, Alice Copeland Brown, Jerrye
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An extreme case might arise, for example, if
Congress gave absolute discretion to the President to start a war at his or her will... Plaintiffs' objection to the October Resolution does not, of course, involve any such claim. Nor does it involve a situation where the President acts without any
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Barre, James
Stephen Cleghorn, Laura Johnson Manis, Shirley H. Young, Julian Delgaudio, Rose Delgaudio, Danny K. Davis, Maurice D. Hinchey, Carolyn Kilpatrick, Pete Stark, Diane Watson, Lynn C. Woolsey v.
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190:. They also argue that Congress and the President are in collusion -- that Congress has handed over to the President its exclusive power to declare war."
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205:. On March 13, a three-judge panel affirmed the decision to dismiss the complaint. The opinion was written by Judge
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174:. The case was dismissed, since the plaintiffs failed "to raise a sufficiently clear constitutional issue." The
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Authorization for Use of
Military Force Against Iraq Resolution of 2002
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United States
District Court for the District of Massachusetts
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United States Court of
Appeals for the First Circuit cases
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The case was dismissed on
February 24, 2003 by Judge
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United States Court of
Appeals for the First Circuit
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United States Court of Appeals for the First Circuit
231:denied the next day. Iraq was invaded on March 20.
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277:Summary of the case: John Doe I v. President Bush
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299:Doe v. Bush Opinion by Judge Lynch 3/13/2003
308:Pages 3,4,10,23,25,26. Retrieved 8/7/2007.
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166:2003), was a court case challenging the
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111:322 F.3d 109 (1st Cir., Mar. 18, 2003)
7:
99:257 F. Supp. 2d 436 (D. Mass., 2003)
94:240 F. Supp. 2d 95 (D. Mass., 2003)
201:. The petitioners appealed to the
178:was challenged by "a coalition of
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182:, parents of U.S. soldiers, and
335:2003 in United States case law
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282:September 11, 2007, at the
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246:Legality of the Iraq War
304:August 9, 2007, at the
58:, Secretary of Defense
251:United Nations Charter
223:Massachusetts v. Laird
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340:2003 invasion of Iraq
330:Iraq War legal issues
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172:2003 invasion of Iraq
145:Opinion of the Court:
107:Rehearing denied by
286:Retrieved 8/7/2007.
184:members of Congress
188:October Resolution
104:Subsequent actions
56:Donald H. Rumsfeld
220:Lynch also cited
168:constitutionality
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195:Joseph Tauro
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160:323 F.3d 133
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125:Sandra Lynch
109:Doe v. Bush,
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97:Doe v. Bush,
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92:Doe v. Bush,
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83:Case history
76:323 F.3d 133
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15:
155:Doe v. Bush
21:Doe v. Bush
319:Categories
257:References
302:Archived
280:Archived
235:See also
228:1st Cir.
164:1st Cir.
72:Citation
197:of the
170:of the
64:Decided
147:Lynch
35:Court
131:and
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291:^
265:^
209::
158:,
127:,
162:(
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