!! History Commons Alert, Exciting News

August 2002: Bush Lawyers Develop ‘Inherent Power’ Argument for Unilaterally Taking Nation to War

While the Bush White House publicly denies any desire for war with Iraq, and says it is committed to working with the United Nations to find a diplomatic course of action, behind the scenes the administration’s lawyers are working on a legal justification for war. White House counsel Timothy Flanigan develops a legal position that argues the president needs no Congressional authorization to attack Iraq. Flanigan’s superior, chief White House counsel Alberto Gonzales, presents Flanigan’s legal rationale to President Bush. Flanigan’s chief argument is that the president’s “inherent power as commander in chief” (see 1901-1909 and June 2, 1952) gives him the right to unilaterally take the country to war. Flanigan’s backup position is invoking the 1991 Congressional authorization for the Persian Gulf War (see January 9-13, 1991), and the UN Security Council’s resolutions from that time period (see November 29, 1990). Nevertheless, the White House will demand an authorization for war from Congress (see October 11, 2002)—an authorization White House officials say Bush has no intention of using except as a means of bringing diplomatic pressure against Iraq. [Savage, 2007, pp. 156]

Entity Tags: Alberto R. Gonzales, Bush administration (43), Timothy E. Flanigan

Timeline Tags: Events Leading to Iraq Invasion, Civil Liberties

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike