Reading Room Document

Authorization for Use of Military Force Against Iraq Resolution of 2002

This opinion memorializes advice the OLC provided on the constitutionality of H. J. Res. 114, which authorized the president to use military force against Iraq. The opinion expresses the view that the bill is constitutional but unnecessary, since the president already possesses the authority to direct the use of military force as commander in chief, and Congress has previously authorized the use of force against Iraq during the Gulf War. The opinion suggests that the president make clear in a signing statement that the resolution should not be regarded as legally necessary. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/docs/memo-military-force-iraq.pdf.

October 21, 2002