Declaration Of War By The United States
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. 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. Many have postulated "Declaration(s) of War" must contain that phrase as or within the title. Others oppose that reasoning. In the courts, the United States First Circuit Court of Appeals in Doe vs. Bush said: "he text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war." 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.
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.
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. 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. Debate continues as to the legal extent of the President's authority in this regard.
After Congress repealed the Gulf of Tonkin Resolution in January 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed the War Powers Resolution (Pub.L.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. Today, Congress recognizes no claimed power of the president to wage war outside of the War Powers Resolution.
Read more about Declaration Of War By The United States: Other Undeclared Wars, The War Powers Resolution
Famous quotes containing the words united states, declaration of, declaration, war, united and/or states:
“When Mr. Apollinax visited the United States
His laughter tinkled among the teacups.
I thought of Fragilion, that shy figure among the birch-trees,
And of Priapus in the shrubbery
Gaping at the lady in the swing.”
—T.S. (Thomas Stearns)
“I foresee the time when the painter will paint that scene, no longer going to Rome for a subject; the poet will sing it; the historian record it; and, with the Landing of the Pilgrims and the Declaration of Independence, it will be the ornament of some future national gallery, when at least the present form of slavery shall be no more here. We shall then be at liberty to weep for Captain Brown. Then, and not till then, we will take our revenge.”
—Henry David Thoreau (1817–1862)
“The principle of all sovereignty resides essentially in the nation.”
—French National Assembly. Declaration of the Rights of Man (Sept. 1791)
“To this war of every man against every man, this also is consequent; that nothing can be Unjust. The notions of Right and Wrong, Justice and Injustice have there no place. Where there is no common Power, there is no Law; where no Law, no Injustice. Force, and Fraud, are in war the two Cardinal virtues.”
—Thomas Hobbes (1579–1688)
“Next to the right of liberty, the right of property is the most important individual right guaranteed by the Constitution and the one which, united with that of personal liberty, has contributed more to the growth of civilization than any other institution established by the human race.”
—William Howard Taft (1857–1930)
“In the case of a deliberate, palpable, and dangerous exercise of ... powers not granted by the compact, the States ... are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them.”
—James Madison (1751–1836)