Dellums v. Bush
Encyclopedia
Dellums v. Bush, 752 F. Supp. 1141 (1990), was a D.C. Federal District Court
decision by United States District Judge Harold H. Greene, denying the plaintiffs, members of Congress, a preliminary injunction against President George H.W. Bush
to stop implementation of his orders directing the United States military to fight in Iraq without first obtaining a declaration of war from Congress, the only branch Constitutionally mandated to declare war.
Fifty four members of Congress, including U.S. Representative Ron Dellums
, sued George H.W. Bush in 1990 attempting to halt a preemptive military buildup in the Middle East in response to Iraq's invasion
of Kuwait
. The plaintiff members of Congress asserted that military action without a declaration of war would be unlawful under U.S. Const. art. I, § 8, cl. 11 of the United States Constitution
. The District Court held that, although the plaintiff's claims were plausible, because the President had not yet initiated war-like actions and only 54 members of Congress (53 members of the House
and one member of the Senate
) were involved in the suit, and not a majority, the dispute was not ripe
for adjudication at that time. Accordingly the motion for preliminary injunction
was denied.
Dellums is notable in that it is one of only a few cases in which the Federal Courts have considered whether the War Powers Clause
of the U.S. Constitution is justiciable in the courts. The Court in Dellums indicated that, in that instance, it was, but because Congress had not yet acted as a majority, the lawsuit was premature.
The reasoning used in Dellums has not escaped criticism by some authors as an intrusion on executive power.
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
decision by United States District Judge Harold H. Greene, denying the plaintiffs, members of Congress, a preliminary injunction against President George H.W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
to stop implementation of his orders directing the United States military to fight in Iraq without first obtaining a declaration of war from Congress, the only branch Constitutionally mandated to declare war.
Fifty four members of Congress, including U.S. Representative Ron Dellums
Ron Dellums
Ronald Vernie "Ron" Dellums served as Oakland's forty-fifth mayor. From 1971 to 1998, he was elected to thirteen terms as a Member of the U.S...
, sued George H.W. Bush in 1990 attempting to halt a preemptive military buildup in the Middle East in response to Iraq's invasion
Invasion of Kuwait
The Invasion of Kuwait, also known as the Iraq-Kuwait War, was a major conflict between the Republic of Iraq and the State of Kuwait, which resulted in the seven-month long Iraqi occupation of Kuwait, which subsequently led to direct military intervention by United States-led forces in the Gulf...
of Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
. The plaintiff members of Congress asserted that military action without a declaration of war would be unlawful under U.S. Const. art. I, § 8, cl. 11 of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. The District Court held that, although the plaintiff's claims were plausible, because the President had not yet initiated war-like actions and only 54 members of Congress (53 members of the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and one member of the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
) were involved in the suit, and not a majority, the dispute was not ripe
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
for adjudication at that time. Accordingly the motion for preliminary injunction
Preliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
was denied.
Dellums is notable in that it is one of only a few cases in which the Federal Courts have considered whether the War Powers Clause
War Powers Clause
Article I, Section 8, Clause 11 of the United States Constitution, sometimes referred to as the War Powers Clause, vests in the Congress the power to declare war, in the following wording:...
of the U.S. Constitution is justiciable in the courts. The Court in Dellums indicated that, in that instance, it was, but because Congress had not yet acted as a majority, the lawsuit was premature.
The reasoning used in Dellums has not escaped criticism by some authors as an intrusion on executive power.