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11-23-2007, 01:35 AM #23
Senior Member
TERRORISM
A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation, and one or more others. 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 text must have to be considered a "Declaration of War" nor does the Constitution itself use this term. Many have postulated "Declaration(s) of War" must contain that phrase as or within the title. Many oppose that reasoning. The postulate has not been tested in court; however, this article will use the term "formal Declaration of War" to mean Congressional legislation that uses the phrase "Declaration of War" in the title.
Originally Posted by LaidZeppelin
Despite the constitutional requirement that Congress declare war, in practice, formal Declarations of War have occurred only upon prior request by the President.
After World War II, Congress voluntarily limited its use of the power to declare war to issuing authorizations of force. The War Powers Resolution of 1973 (Pub.L. 93-148) limits the power of the President to wage war without the approval of the Congress. The United States of America has formally declared war against foreign nations five separate times.
Declaration of war by the United States - Wikipedia, the free encyclopedia
And Congress did with BOTH Afghanistan and Iraq.......so these wars are valid under the Constitution.
Have a good one!:s4:
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