Chapter 1 Introduction What are the issues of the day?
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Effect of the ArticlesWhat would an Article 43 agreement create?Why has there never been an Article 43 agreement?How does this constrain UN peace-keeping actions?How does Article 51 allow collective self-defense outside of UN control?Why doesn't the UN Charter ban anything but UN-mediated actions?Triggering the UN ProvisionsHow does the voting work on the Security Council?How is the membership determined?How does this act as a brake on the UN Resolutions interfering with US sovereignty?Why does it make the UN ineffective in superpower proxy wars?Executing the UN CharterWhen was the United Nations Participation Act passed?What does the United Nations Participation Act direct the president to do?it directs the President to report any Security Council enforcement actions to the Congress.It also authorizes the President to implement any economic sanctions approved by the Security Council.Statutory RulesWhat is the limitation on presidential action under Article 43?What is the President allowed to do under Article 42 without consulting with Congress?What about non-military aid?What if the president sees supporting the UN forces as important to US national security?Funding UN ActionsCan Congress cut off funding for troops loaned to the UN?Is this any different from other troop actions?What if the UN comes up with money to support them?KoreaRemember materials from the Youngstown caseDid the US commit troops before the UN resolution?Why?Did Truman ask Congress to authorize the use of troops?Why?Why did Truman argue that supporting South Korea was essential to preserving the UN?Police ActionsAre UN actions like Korea and the Gulf War, wars?What is a police action?Does this have any meaning in customary international law?What about as regards congressional powers?Could Congress also declare war in a UN Action?What would this mean?First Gulf WarWhat made Iraq our ally in the 1980s?What did we think was the real threat?What did Resolution 660 say?Resolution 661?What did Bush I do?Why did he not need congressional permission for this?What did the UN Participation Act allow?War Powers ResolutionDid Bush I comply with the WPR?Was there a joint resolution supporting the buildup?What did the appropriations bills say?What did Resolution 678 provide?What did Bush I say about asking Congress for permission to invade Kuwait?What did he ask for and why?Did he get the resolution?Restrictions on the Bush I's PowersWhat did the resolution require before moving on Iraq?Did Bush I make these findings?In retrospect, did Bush I do what he should have done to authorize the war?Chapter 12 - Preemptive WarThe TimelineThe key is the timeline leading from the first Gulf War to the Invasion of Iraq in the second Gulf War. Figure out what we knew and when, what did Congress approve, what did they base the approval on, and what powers the president used.Look in particular at whether the president already had arguable authority to go to war left from the UN Resolutions and Congressional resolutions from the first Gulf War.Preemptive WarWhat is the theory of preemptive war?Why was the Iraq war a preemptive war?What if you are wrong in your assumptions about the justification for a preemptive war?Authorization for Use of Military Force Against Iraq Resolution of 2002Would the October 16, 2002, resolution pass the adlaw test of setting out intelligible principles to guide the executive?Does it matter whether it does?Will a court review it?How much does the resolution depends on WMDs?Does being wrong about WMDs make the resolution invalid as a basis for war?How did it the affect the presidential primaries?Could Congress Stop the War?What did Massachusetts v. Laird, 451 F.2d 26 (1st Cir. 1971), tell us about what Congress would need to do to present a judicially reviewable issue?What would it take to get past the appropriations safety valve for such review?Practical politicsWere there ever enough votes in Congress to stop the war?Why is this the only question that really matters?Brave New WorldHow have things changed with the Obama presidency?Is the proper working of the political process, i.e., is changing the president the best way to change war policy?Chapter 13 - Humanitarian and Peace/Stability OperationsConstitutional LimitsDoes the constitution allow the president to send humanitarian aid/Peace keeping aid without authorization from Congress?Under the constitution, do you think the president has more authority to take military action or humanitarian action?Statutory AuthorityWhat does this statute allow - 10 U.S.C. §401. HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED IN CONJUNCTION WITH MILITARY OPERATIONS?What does 10 U.S.C. §404. FOREIGN DISASTER ASSISTANCE allow?Does these limit the president or extend his power?Yüklə 0,76 Mb. Dostları ilə paylaş:
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