Declaration of War - the Constitution and legal precedent

[oeb11]

https://en.wikipedia.org/wiki/Declar..._United_States

1. A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. The document Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications gives an extensive listing and summary of statutes which are automatically engaged upon the US declaring war.
   For the United States, Article One, Section Eight of the Constitution says "Congress shall have power to ... declare War." However, that passage provides no specific format for what form legislation must have in order to be considered a "declaration of war" nor does the Constitution itself use this term. In the courts, the United States Court of Appeals for the First Circuit, in Doe v. Bush, said: "[T]he text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war."[1] in effect saying an authorization suffices for declaration and what some may view as a formal Congressional "Declaration of War" was not required by the Constitution.
   The last time the United States formally declared war, using specific terminology, on any nation was in 1942, when war was declared against Axis-allied Hungary, Bulgaria, and Romania, because President Franklin Roosevelt thought it was improper to engage in hostilities against a country without a formal declaration of war. Since then, every American president has used military force without a declaration of war.[2]
   This article will use the term "formal declaration of war" to mean Congressional legislation that uses the phrase "declaration of war" in the title. Elsewhere, this article will use the terms "authorized by Congress," "funded by Congress" or "undeclared war" to describe other such conflicts.
   Contents
   • 1 History
   • 2 Declarations of war
     • 2.1 Formal
   • 3 Undeclared wars
     • 3.1 Military engagements authorized by Congress
     • 3.2 Military engagements authorized by United Nations Security Council Resolutions and funded by Congress
     • 3.3 Other undeclared wars
   • 4 The War Powers Resolution
   • 5 See also
   • 6 References
   • 7 Further reading
   • 8 External links
   
   History
   
   The United States has formally declared war against foreign nations five separate times, each upon prior request by the President of the United States. Four of those five declarations came after hostilities had begun.[3] James Madison reported that in the Federal Convention of 1787, the phrase "make war" was changed to "declare war" in order to leave to the Executive the power to repel sudden attacks but not to commence war without the explicit approval of Congress.[4] Debate continues as to the legal extent of the President's authority in this regard. Public opposition to American involvement in foreign wars, particularly during the 1930s, was expressed as support for a Constitutional Amendment that would require a national referendum on a declaration of war.[5] Several Constitutional Amendments, such as the Ludlow Amendment, have been proposed that would require a national referendum on a declaration of war.
   After Congress repealed the Gulf of Tonkin Resolution in January 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed the War Powers Resolution (Pub.L. 93–148) over the veto of Nixon in an attempt to rein in some of the president's claimed powers. The War Powers Resolution proscribes the only power of the president to wage war which is recognized by Congress.[6]
   Declarations of war
   
   Formal
   
   The table below lists the five wars in which the United States has formally declared war against eleven foreign nations.[7] The only country against which the United States has declared war more than once is Germany, against which the United States has declared war twice (though a case could be made for Hungary as a successor state to Austria-Hungary).
   In World War II, the Japanese attacked Pearl Harbor on December 7, 1941. Germany and Italy, led respectively by Adolf Hitler and Benito Mussolini, declared war on the United States, and the U.S. Congress responded in kind.[8][9]
   War Declaration Opponent(s) Date of declaration Votes President Result Senate House War of 1812 Declaration of War upon the U.K. United Kingdom June 18, 1812 19–13 79–49 James Madison Treaty of Ghent (December 24, 1814) Mexican–American War "An Act providing for the Prosecution of the existing War between the United States and the Republic of Mexico."[10] Mexico May 13, 1846 40–2 173–14 James K. Polk Treaty of Guadalupe Hidalgo (February 2, 1848) Spanish–American War Declaration of War upon Spain Spain April 25, 1898 42–35 310–6 William McKinley Treaty of Paris (December 10, 1898) World War I Declaration of War upon Germany Germany April 6, 1917 82–6 373–50 Woodrow Wilson Treaty of Berlin (August 25, 1921) Declaration of War upon Austria-Hungary[11][12] Austria-Hungary December 7, 1917 74–0 365–1 1921 U.S.–Austrian Peace Treaty (August 24, 1921), 1921 U.S.-Hungarian Peace Treaty (August 29, 1921) World War II Declaration of War upon Japan Japan December 8, 1941 82–0 388–1 Franklin D. Roosevelt V-J Day, Japanese Instrument of Surrender (September 2, 1945), Treaty of San Francisco (September 8, 1951) Declaration of War upon Germany Germany December 11, 1941 88–0 393–0 V-E Day, German Instrument of Surrender (May 8, 1945), Treaty on the Final Settlement with Respect to Germany (September 12, 1990), Treaty of Vienna with Austria (May 15, 1955) Declaration of War upon Italy Italy 90–0 399–0 Paris Peace Treaty (February 10, 1947) Declaration of War upon Bulgaria Bulgaria June 5, 1942 73–0 357–0 Declaration of War upon Hungary[11] Hungary 360–0 Declaration of War upon Romania[11] Romania 361–0 Undeclared wars
   
   Military engagements authorized by Congress
   
   In other instances, the United States has engaged in extended military combat that was authorized by Congress.
   War or conflict Opponent(s) Initial authorization Votes President Result Senate House Quasi-War France An Act further to protect the commerce of the United States
   July 9, 1798 18–4
   John Adams Treaty of Mortefontaine First Barbary War Morocco
   Tripolitania
   "An Act for the Protection of the Commerce and Seamen of the United States, Against the Tripolitan Cruisers", 2 Stat. 129, February 6, 1802[13]
   
   Thomas Jefferson War ended 1805 Second Barbary War Algiers "An Act for the protection of the commerce of the United States against the Algerine cruisers", 3 Stat. 230, May 10, 1815[14]
   
   James Madison War ended 1816 Enforcing 1808 slave trade ban; naval squadron sent to African waters to apprehend illegal slave traders Slave traders and pirates "Act in addition to the acts prohibiting the Slave Trade", 3 Stat. 532, 1819
   
   James Monroe 1822 first African-American settlement founded in Liberia, 1823 U.S. Navy stops anti-trafficking patrols Redress for attack on U.S. Navy's USS Water Witch Paraguay 1858.[15]
   
   James Buchanan
   Mexican Revolution
   • United States occupation of Veracruz
   Mexico H.J.R. 251, 38 Stat. 770
   April 22, 1914[16]
   337–37 Woodrow Wilson Force withdrawn after six months. However, the Joint Resolution was likely used to authorize the Pancho Villa Expedition. In the Senate, "when word reached the Senate that the invasion had gone forward before the use-of-force resolution had been approved, Republicans reacted angrily" saying it was a violation of the Constitution, but eventually after the action had already started, a resolution was passed after the action to "justify" it since Senators did not think it was a declaration of war.[17][18] Russian Civil War
   • Allied intervention in the Russian Civil War
   Commune of Estonia
   Far Eastern Republic
   Latvia
   Mongolian People's Party
   Russia
   Ukraine
   1918[19]
   
   Woodrow Wilson
   Lebanon crisis of 1958 Lebanese Opposition
   • Al-Mourabitoun
   • Lebanese Communist Party
   • Progressive Socialist Party
   H.J. Res. 117, Public Law 85-7, Joint Resolution "To promote peace and stability in the Middle East", March 9, 1957[20] 72–19 355–61 Dwight D. Eisenhower U.S. forces withdrawn, October 25, 1958 Vietnam War Laotian Civil War
   Cambodian Civil War
   Mainland China
   National United Front of Kampuchea
   
   • Khmer Rouge
   • Khmer Rumdo
   • Khmer Việt Minh
   North Korea
   North Vietnam
   Pathet Lao
   South Vietnam
   
   • Việt Cộng
   Gulf of Tonkin Resolution, August 7, 1964 88–2 416–0 Lyndon B. Johnson U.S. forces withdrawn under terms of the Paris Peace Accords signed January 27, 1973 Multinational Force in Lebanon Shia and Druze militias; Syria S.J.Res. 159
   Pub.L. 98–119
   September 29, 1983 54–46 253–156 Ronald W. Reagan Forces withdrawn in 1984 Persian Gulf War Iraq H.J.Res. 77
   January 12, 1991. 52–47 250–183 George H.W. Bush The United Nations Security Council drew up terms for the cease-fire, April 3, 1991 War On Terror Afghanistan
   • Quetta Shura
     • Taliban
       • Haqqani network
       • Mullah Dadullah Front
   al-Qaeda
   
   • 055 Brigade
   • Al-Nusra Front
     • Khorasan group
   • al-Qaeda Emirate in Yemen
     • Aden-Abyan Islamic Army
     • Islamic Jihad of Yemen
   • al-Qaeda in the Arabian Peninsula
     • Ansar al-Sharia
   • al-Qaeda in the Indian Subcontinent
   • Lashkar al-Zil
   Harakat Ahrar al-Sham al-Islamiyya
   Hezb-e Islami Gulbuddin
   Islamic Jihad Union
   Islamic Movement of Uzbekistan
   Jamaat-ul-Ahrar
   Jundallah
   Lashkar-e-Islam
   Lashkar-e-Jhangvi
   Tehreek-e-Nafaz-e-Shariat-e-Mohammadi
   Turkistan Islamic Party
   Tehrik-i-Taliban Pakistan
   High Council of the Islamic Emirate
   Fidai Mahaz
   al-Itihaad al-Islamiya
   Alliance for the Re-liberation of Somalia
   Harakat al-Shabaab Mujahedeen
   Hizbul Islam
   Islamic Courts Union
   Jabhatul Islamiya
   Mu'askar Anole
   Ras Kamboni Brigades
   Abu Sayyaf
   Bangsamoro Islamic Freedom Fighters
   Islamic State
   Islamic Movement of Uzbekistan
   Maute group
   Khalifa Islamiyah Mindanao
   S.J. Res. 23
   September 14, 2001 98–0 420–1 George W. Bush
   Iraq War[21] Iraq H.J. Res. 114,
   March 3, 2003 77–23 296–132 George W. Bush Ba'athist Iraqi government abolished April 2003, Saddam Hussein executed. War ended December 15, 2011. Destabilization of Iraq and emergence of ISIL (ISIS) in Iraq region 2014–2017.[22]
   Military engagements authorized by United Nations Security Council Resolutions and funded by Congress
   
   In many instances, the United States has engaged in extended military engagements that were authorized by United Nations Security Council Resolutions and funded by appropriations from Congress.[23]
   Military engagement Opponent(s) Initial authorization President Result Korean War Mainland China
   North Korea
   Soviet Union
   UNSCR 84, 1950 Harry S. Truman Korean Armistice Agreement,[24] 1953 Multinational Force in Lebanon Shia militias, Druze militias, Syria UNSCR 425, 1978 UNSCR 426, 1978
   Jimmy Carter, Ronald Reagan U.S. forces withdrew in 1984 Persian Gulf War Iraq UNSCR 678, 1990 George H. W. Bush UNSCR 689, 1991 Bosnian War Republika Srpska UNSCR 770, 1992
   UNSCR 776, 1992
   UNSCR 836, 1993 Bill Clinton Reflagged as IFOR in 1995, Reflagged as SFOR in 1996, Completed in 2004 Second Liberian Civil War Peacekeeping UNSCR 1497, 2003 George W. Bush U.S. forces are withdrawn in 2003 after the UNMIL is established. Haitian coup d'état UNSCR 1529, 2004 UNSCR 1542, 2004
   2004 First Libyan Civil War
   • 2011 military intervention in Libya
     • Operation Odyssey Dawn
     • Operation Unified Protector
   Libya UNSCR 1973, 2011 Barack Obama Debellation of the Libyan Arab Jamahiriya, October 31, 2011 Other undeclared wars
   
   Military engagement Opponent(s) President Result American Revolutionary War Great Britain
   • Quebec
   • Loyalists
   German auxiliaries
   
   • Hesse-Kassel
   • Hesse-Hanau
   • Hanover
   • Waldeck
   • Brunswick
   • Ansbach
   • Anhalt-Zerbst
   Native Americans[25]
   
   • Iroquois Confederacy
   None Peace of Paris On at least 125 occasions, the President has acted without prior express military authorization from Congress.[26] These include instances in which the United States fought in the Philippine–American War from 1898–1903, in Nicaragua in 1927, as well as the NATO bombing campaign of Yugoslavia in 1999, and the 2017 missile strikes on Syria.
   The United States' longest war was fought between 2001 and 2016 against the Taliban in Afghanistan.
   The Indian Wars comprise at least 28 conflicts and engagements. These localized conflicts, with Native Americans, began with European colonists coming to North America, long before the establishment of the United States. For the purpose of this discussion, the Indian Wars are defined as conflicts with the United States of America. They begin as one front in the American Revolutionary War in 1775 and had concluded by 1918. The United States Army still maintains a campaign streamer for Pine Ridge 1890–1891 despite opposition from certain Native American groups.[27]
   The American Civil War was not an international conflict under the laws of war, because the Confederate States of America (CSA) was not a government that had been granted full diplomatic recognition as a sovereign nation by other sovereign states[28][29] or by the government of the United States.[30]
   The War Powers Resolution
   
   Main article: War Powers Resolution
   In 1973, following the withdrawal of most American troops from the Vietnam War, a debate emerged about the extent of presidential power in deploying troops without a declaration of war. A compromise in the debate was reached with the War Powers Resolution. This act clearly defined how many soldiers could be deployed by the President of the United States and for how long. It also required formal reports by the President to Congress regarding the status of such deployments, and limited the total amount of time that American forces could be deployed without a formal declaration of war.
   Although the constitutionality of the act has never been tested, it is usually followed, most notably during the Grenada Conflict, the Panamanian Conflict, the Somalia Conflict, the Persian Gulf War, and the Iraq War[clarification needed]. The only exception was President Clinton's use of U.S. troops in the 78-day NATO air campaign against Yugoslavia during the Kosovo War.[citation needed] In all other cases, the President asserted the constitutional authority to commit troops without the necessity of Congressional approval, but in each case the President received Congressional authorization that satisfied the provisions of the War Powers Act.
   On March 21, 2011, a number of lawmakers expressed concern that the decision of President Barack Obama to order the U.S. military to join in attacks of Libyan air defenses and government forces exceeded his constitutional authority because the decision to authorize the attack was made without Congressional permission.[31] Obama explained his rationale in a two-page letter, stating that as commander in chief, he had constitutional authority to authorize the strikes, which would be limited in scope and duration, and necessary to prevent a humanitarian disaster in Libya.
   
   References
2. "Doe v. Bush, 03-1266, (March 13, 2003)". FindLaw. Retrieved June 20, 2013.
3. Cooke, Alistair, Alistair Cooke's America, Alfred A. Knopf, New York, 1973.
4. Henderson, Phillip G. (2000). The presidency then and now. Rowman & Littlefield. p. 51. ISBN 978-0-8476-9739-7.
5. The Debates in the Federal Convention of 1787 reported by James Madison : August 17,The Avalon Project, Yale Law School, retrieved Feb 13, 2008
6. "Petition for a Constitutional Amendment to Hold National Referendums on Declarations of War from Danville, Ohio". The National Archives of the United States. 1938. Retrieved July 29, 2016.
7. Shindler, Michael (March 1, 2018). "War Powers: Return to Congress". RealClearDefense. RealClear Media Group. Retrieved March 2, 2018.
8. Official Declarations of War by Congress
9. BBC News, On This Day
10. Whereas the Government of Germany has formally declared war against the government and the people of the United States of America... the state of war between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared. The War Resolution Archived December 5, 2006, at the Wayback Machine
11. United States Congress (May 13, 1846). "An Act providing for the Prosecution of the existing War between the United States and the Republic of Mexico" (PDF). Government of the United States of America. Government of the United States of America. Archived from the original (PDF) on August 10, 2006. Retrieved August 10, 2006.
12. Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications
13. H.J.Res.169: Declaration of War with Austria-Hungary, WWI, United States Senate
14. Key Events in the Presidency of Thomas Jefferson Archived June 17, 2010, at the Wayback Machine, Miller Center of Public Affairs, University of Virginia, (retrieved on August 10, 2010).
15. Key Events in the Presidency of James Madison Archived June 9, 2010, at the Wayback Machine, Miller Center of Public Affairs, University of Virginia, (retrieved on August 10, 2010).
16. Expenses – Paraguay Expedition, House of Representatives, 36th Congress, 1st Session, Mis. Doc. No. 86 (May 11, 1860), p. 142
17. Joint Resolution justifying the employment by the President of the armed forces of the United States. April 22, 1914
18. Cyrulik, John M., A Strategic Examination of the Punitive Expedition into Mexico, 1916–1917. Fort Leavenworth, KS, 2003. (Master's thesis)
19. Wolfensberger, Don. Congress and Woodrow Wilson's Introductory Forays into Mexico, an Introductory Essay. Congress Project Seminar On Congress and U.S. Military Interventions Abroad. Woodrow Wilson International Center for Scholars. Monday, May 17, 2004
20. A History of Russia, 7th Edition, Nichlas V. Riasanovsky & Mark D. Steinberg, Oxford University Press, 2005.
21. Congress' Approval of the Eisenhower Doctrine 1957
22. Obama's full speech: Operation Iraqi Freedom is Over, NBC News
23. Londoño, Ernesto (August 19, 2010). "Operation Iraqi Freedom ends as last combat soldiers leave Baghdad". The Washington Post.
24. United Nations Participation Act, December 20, 1945 Sec. 6, The Commander in Chief and United Nations Charter Article 43: A Case of Irreconcilable Differences?, Rethinking War Powers: Congress, The President, and the United Nations
25. s:Korean Armistice Agreement
26. Onondaga, Mohawk, Cayuga, Seneca, Mi'kmaq (from 1779), Cherokee, Odawa, Muscogee, Susquehannock, Shawnee
27. The President's Constitutional Authority To Conduct Military Operations Against Terrorists and Nations Supporting Them
28. Army Continues to Parade Wounded Knee Battle Streamer Archived May 10, 2010, at the Wayback Machine, National Congress of American Indians.
29. "Preventing Diplomatic Recognition of the Confederacy, 1861–1865". U.S. Department of State. Archived from the original on August 28, 2013.
30. McPherson, James M. (2007). This Mighty Scourge: Perspectives on the Civil War. Oxford University Press US. p. 65. ISBN 978-0-19-531366-6.
31. Julius Goebel (1915). The Recognition Policy of the United States. Columbia University. pp. 172–174. The Confederate States did not constitute a new state and they were not independent, hence they were not entitled to treatment by the United States as a foreign state.
32. Obama Attacked for No Congressional Consent on Libya, New York Times.

Excerpts - the POTUS has acted in military engagement without prior express authorization from Congress - including Obama and Libya bombing in retaliation for the Libyan Pan Am Lockerbie bombing.



the War Powers Resolution. This act clearly defined how many soldiers could be deployed by the President of the United States and for how long. It also required formal reports by the President to Congress regarding the status of such deployments, and limited the total amount of time that American forces could be deployed without a formal declaration of war.



Foolish DPST Constitution know nothings think they have a "Right" to micromanage Foreign Affairs and Conflicts. Such smug presumptuousness would paraluze Affairs of State, and cripple the US militarily. The DPST's are over-reaching - as usual, and have no basis in Constitutional legality for their demands - other than a reporting to Congress of the action.



Trump is on firm legal ground with the War Powers resolution and precedent - including that of Obama's actions - to act as he did. Consult Pelosi and Schumer before acting against the Iranian terrorist leader - He would have been long gone and notified of potential action by the DPST's. They are Iranian sympathizers.



So - and the Marxist DPST's can weigh in - After Reading this - which None will accomplish, much less comprehend any of the material.

Happy New Year - and the DPST's can echo the Iranian mullahs and ayatollahs - "Death to America" - as did Louis Farrakhan in Tehran.

[gnadfly]

Anybody hear from the Swamp Witch? Schumer's complaint was Gang of Eight wasn't informed. The Dims know when they bitch about "precedent" they'll get hammered.

BTW, was the impeachment trial supposed to start tomorrow?

[HoeHummer]

Cuts and pasted Wikipedia. All’s of it. To try’s and proves Trump can plunge the world into wars again just likes Bush and his daddy before him.

Can yous say IMPEACHMENT?

The sooner yous get this lunatic and his mindless, dickless cult of idiocy out of there, the safer our world will be.

Expects this to all change when Splatamir Pootins has his say, eh?

[gnadfly]

* SNICK *

[Hotrod511]

Originally Posted by Yssup Rider (Assup)

Cuts and pasted Wikipedia. All’s of it. To try’s and proves Trump can plunge the world into wars again just likes Bush and his daddy before him.

Can yous say IMPEACHMENT?

The sooner yous get this lunatic and his mindless, dickless cult of idiocy out of there, the safer our world will be.

Expects this to all change when Splatamir Pootins has his say, eh?

when we get your lunatic ass out of the forum it will be better off

[HoeHummer]

What’s your plan for that? Lynching and burning? LOLLING at yous!

[LexusLover]

Originally Posted by HoeHummer

....proves Trump can plunge the world into wars again just likes Bush and his daddy before him....

[Jackie S]

The Dems were all lined up to scream......”TRUMP’S BENGHAZI, TRUMP’s BENGHAZI, TRUMP’s BENGHAZI”!!!!!

Well, the President didn’t follow the script. He saw a chance to take out a major Terrorist, and he gave the order.

Remember years ago when Presidrnt Clinton had a chance to take out BinLaden, but did not? How did that work out?

Or when Bush 41 failed to take out Saddam during DesertStorm? How did that work out?

Or when President Obama and Hillary went bed and then fund raisers as our people were being over run in the real “Benghazi”.

Kill the enemy when he is in your sights. And who ever takes his place, let him know that at any moment, death may appear.

Also, put the word out to all family members, friends, and fellow “officials”. Don’t make a habit of standing around with this guy. Those bombs make a Big Bang and a big hole.

[HoeHummer]

Originally Posted by Hotrod511

when we get your lunatic ass out of the forum it will be better off

Who’s “we” big shooter? You, Greggy, Neidermayers and the rest of the Hitler youths?