Attacking Without Provocation; Maintaining a Subsequent Occupation; All for the Sake of Democratization: The Constitutionality and Wisdom of Preventive War and Post-Conflict Nation-Building

Abstract

This Note examines the constitutionality and wisdom of both aspects of the current warfare policy. Ultimately, the current United States warfare strategy that includes using preventive wars followed by post-conflict military nation-building is constitutional; however, underlying policy concerns suggest that this approach to warfare should be reconsidered and reframed.

Keywords

Military policy, Constitutional law, Nation building, Bush doctrine, Democratization, Military intervention, Postwar reconstruction, Preemption (Military doctrine), International

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Authors

Kevin Green (Washington University School of Law)

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