Presidential Proclamation on Declaring a National Emergency Concerning the Southern Border of the United States

Think of this as three legal questions:

1) how does the court determine if this is a proper emergency?

2) is the court better positioned to review the reprogramming of the money under the statutes that are triggered by the declaration?

3) how can the Supreme Court dodge this case?

California et al, v. Trump (Multistate Emergency Declaration Lawsuit)

Should the Court consider what the President says about the declaration?

Why Trump’s Emergency Mess Means Danger for the Courts


Chapter 11. How We Go to War: Lessons from Vietnam

Skip 3. Testing the Legitimacy of the War in Court, p 332 to B. LIMITING THE SCOPE OF THE VIETNAM WAR, 339. (It is replaced by Smith v. Obama.)

Supplement p. 38 to 52.

This is a long chapter that we are reading for specific content, rather than carefully parsing all of the material. You should focus on:

How did we get into Vietnam?

The Korean War was justified through the US participation in the UN rather than a declaration of war. What was the legal justification for US participation in the Vietnam War without a declaration of war?

How did Congress try to end the war?

The most important part of the chapter is D. THE WAR POWERS RESOLUTION because this is the only standing legislative limit on the President’s power to unilaterally make war.

What are its requirements?

What is Congress trying to accomplish with the Resolution, i.e., what are they trying to avoid having to vote on?

Have presidents followed the Resolution?

Is it enforceable?

Smith v. Obama from the supplement reviews the justiciability of presidential war-making and the review of the necessary congressional authorization. Focus on what it adds to our existing knowledge about judicial review of presidential war-making.

Viet Nam War Resources:

The Draft and the Vietnam War

VA Data
August 4, 1964 – January 27, 1973
Total who served in all Armed Forces: 8,744,000
Deployed to Southeast Asia: 3,403,000

Battle Deaths: 47,424
Other Deaths (In Theatre): 10,785
Wounded: 153,303
Medals of Honor: 238

US Military casualties – Iraq – 4k -Afghanistan – 2k

Vietnam — Map of contemporary Vietnam –  Historical Atlas –  Pre-Vietnam War History  – War Timeline – The last US helicopter out of Vietman

Gulf of Tonkin Resolution

Indonesia – Map of Indonesia – 1950-1965 – 1965-1998

Movie about the beginning of the US involvement in Vietman