The Pronk Pops Show 1059, April 11, 2018, Story 1: When Will President Trump Ask Congress For A Declaration of War Against Syria Required By The Constitution of The United States? — Congress Is Abdicating Their Responsibility To Declare War! — The Big Loophole Is The War Powers Resolution of 1973 or War Powers Act (50 U.S.C. 1541–1548) — From Constitutional Representative Republic of Peace and Propensity to Two Party Tyranny American Empire Warfare and Welfare State — No More Presidential Undeclared Wars! — Videos –Story 2: Trump Wants 4,000 National Guard Force Assisting U.S. Border Patrol — Zero Miles of Wall Built — Videos — Story 3: House Speaker Paul Ryan Retiring January 2018 — Videos

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Story 1: When Will President Trump Ask Congress For A Declaration of War Against Syria Required By The Constitution of The United States? — Congress Is Abdicating Their Responsibility To Declare War! — The Big Loophole Is The War Powers Resolution of 1973 or War Powers Act (50 U.S.C. 1541–1548) — From Constitutional Representative Republic of Peace and Propensity to Two Party Tyranny American Empire Warfare and Welfare State — No More Presidential Undeclared Wars! — Videos —

Tucker Carlson Debates Pro Syrian War Commentator Noah Rothman

Tucker Carlson and Glenn Greenwald Discuss Authoritarian Behavior of American Media Clamoring For War

Tucker: How does Syrian regime change help the U.S.?

War In Syria: What You Need To Know!

War In Syria: This Could Be The End

What Was the War Powers Resolution of 1973? | History

Ron Paul on The Unconstitutional War Powers Act and an Agitated James Baker

Mark Levin: Lesson on the 1973 War Powers Resolution

 

America Declares War on Japan – President Roosevelt Speech

Sept. 20, 2001 – Bush Declares War on Terror

Breaking News – Five Destroyers And Cruisers Head To Middle East

Breaking News – Five Destroyers And Cruisers Head To Middle East USS Normandy, USS Bulkeley, USS Forrest Sherman, USS Farragut, USS Arleigh Burke

Donald Trump warns Putin his missiles are coming after Russia vowed to Shoot them down

US-UK readying attack ships and jets off the coast of Syria: Russia armed forces on heightened alert

U.S. Navy destroyer heads towards Syria as Trump mulls options over suspected chemical attack

White House: All options are on the table for Syria response

Syria’s war: Who is fighting and why

Why Russia Is So Involved With The Syrian Civil War

The Middle East’s cold war, explained

5 Most Likely Causes Of World War 3

10 Empires That Came Close To World Domination

DECLINE of EMPIRES: The Signs of Decay

Chalmers Johnson on American Hegemony

The Sorrows of Empire – Chalmers Johnson

The Parallels between Rome and the United States

The Truth About The Fall of Rome: Modern Parallels

Tucker Carlson Goes on Epic Rant Against War in Syria

Tucker Carlson Gets into Heated Debate with Sen Wicker After He Implied Tucker’s Stance on Syria war

John Stossel – War Powers

Which Countries Has The U.S. Invaded?

Is The USA Starting World War 3?

How will John Bolton help President Trump deal with issues like Syria?

Tucker Carlson’s awkward interview with John Bolton

Rand Paul: I’m an ‘Automatic No’ on John Bolton

Constitutional War Power: The Founders’ Framework

The Constitution and the Power to “Declare War”

What Was the War Powers Resolution of 1973? | History

Actually, We Don’t Know If Assad Is Behind This’ – Tucker Carlson Ridicules Clueless Democrat

What is a neocon? Neoconservatism explained in 5 minutes

What is a Neoconservative?

The Danger of Neoconservatism – Ron Paul

War Party : Documentary on the Neoconservative War Party

National Review’s Neoconservative Agenda

The Neoconservative Agenda | John F. McMan

The Power Of Nightmares: Part 1 Baby Its Cold Outside (2004)

The Power Of Nightmares: Part 2 The Phantom Victory (2004)

The Power Of Nightmares: Part 3 The Shadows In The Cave (2004)

Neocon Ann Coulter Calls Libertarians ‘Pussies’ & Gets Booed By Room Full Of Students

G. Edward Griffin – The Grand Design: The Hidden Plan That Shapes US Foreign Policy

Mind blowing speech by Robert Welch in 1958 predicting Insiders plans to destroy America

Why the United States doesn’t declare war anymore

Why the United States doesn’t declare war anymore

By Sara Jerving Apr 7, 2017

President Trump justified the launch of 59 Tomahawk cruise missiles on a Syrian air base Thursday night as being in the “vital national security interest of the United States to prevent and deter the spread and use of deadly chemical weapons.” He did not ask for Congress’ authorization to carry out the strikes.

Ordered in retaliation for a horrific Syrian sarin gas attack on civilians Tuesday, the strikes came on the 100th anniversary of the day the U.S. declared war on Germany and entered World War I. The U.S. has formally declared war 11 timesin its history, but the last time was during World War II.

Trump ordered the Syria strike under the War Powers Resolution, which says a president has to report to Congress within 48 hours if the U.S. armed forces are introduced into a conflict. It’s a law that was enacted in 1973 to restore Congress’ role in authorizing force in response to the lack of a formal war declaration in the Korean and Vietnam wars. Under the law, troops cannot stay for more than 90 days unless Congress approves.

Today, American forces are still operating under the authorization for the use of military force that President George W. Bush requested after the September 11 attacks in order to fight countries or groups connected to the attacks.

Regarding the Syria strikes, the White House said that about two dozen members of Congress were notified and briefed while the strikes were underway, but some want Trump to seek congressional approval. “Assad is a brutal dictator who must be held accountable for his actions,” said Sen. Tim Kaine, Democrat from Virginia. “But President Trump has launched a military strike against Syria without a vote of Congress. The Constitution says war must be declared by Congress.”

“The United States was not attacked. The president needs congressional authorization for military action as required by the Constitution, and I call on him to come to Congress for a proper debate,” said Sen. Rand Paul of Kentucky.

A true declaration of war would give the president broad legal authority, such as the ability to stop exports of agricultural products, control transportation systems, and order manufacturing plants to produce weapons — and even seize the plants if they refuse. President Truman skirted Congress when he sent troops to Korea in 1950 without seeking a declaration of war, eventually numbering 1.8 million U.S. service members. In the early days, he referred to the troop introduction as a “police action.” This set a precedent for future conflicts.

But since 9/11, the definition of “war” has become more vague and lacks the geographical restrictions it used to. Before a joint session of Congress on September 20, 2001, President Bush said, “Our war on terror begins with al-Qaida, but it does not end there. It will not end until every terrorist group of global reach has been found, stopped and defeated.”

In August 2013, President Obama drafted legislation for Congress to grant authorization of military force in Syria in response to a chemical weapons attack. It was not approved. Again, in February 2015, five months after the U.S. began launching airstrikes in Syria, Obama asked Congress to authorize force against the Islamic State group. It didn’t approve the authorization. In 2014, Rand Paul introduced a formal declaration of war against ISIS. It was not passed. For the 2011 strikes in Libya, the Obama administration argued it didn’t need authorization because the air campaign was part of an international coalition.

Rep. Barbara Lee, the only member of Congress who voted against the 2001 Authorization for Use of Military Force, tweeted in response to the strikes inSyria: “This is an act of war. Congress needs to come back into session & hold a debate. Anything less is an abdication of our responsibility.” She also saidthat the strikes were beyond the scope of the 2001 authorization that Congress granted Bush. Lee has previously introduced legislation to repeal the Bush-era authorization of force.

Even Trump himself used to be on board with this line of thought. In 2013, hetweeted about the need for President Obama to get permission from Congress, “What will we get for bombing Syria besides more debt and a possible long-term conflict? Obama needs congressional approval.”

https://news.vice.com/en_us/article/kzg9dx/why-the-united-states-doesnt-declare-war-anymore

 

War Powers Resolution

From Wikipedia, the free encyclopedia
War Powers Resolution
Great Seal of the United States
Long title Joint resolution concerning the war powers of Congress and the President.
Enacted by the 93rd United States Congress
Effective November 7, 1973
Citations
Public law 93-148
Statutes at Large 87 Stat.555
Legislative history
  • Introduced in the HouseasH.J.Res. 542byClement J. Zablocki (DWIon May 3, 1973
  • Committee consideration byHouse Foreign Affairs
  • Passed the House on July 10, 1973 (244–170)
  • Passed the Senate on July 20, 1973 (75-20)
  • Reported by the joint conference committee onOctober 4, 1973; agreed to by the Senate on October 10, 1973 (75–20and by the House on October 12, 1973 (238–122)
  • Vetoed by PresidentRichard Nixonon October 24, 1973
  • Overridden by the House on November 7, 1973 (284–135)
  • Overridden by the Senate and became law onNovember 7, 1973 (75–18)
wars and interventions

United States1812 North AmericaHouse Federalists’ Address1847 Mexican–American WarSpot Resolutions1917 World War IFilibuster of the Armed Ship Bill1935–1939Neutrality Acts1935–1940Ludlow Amendment1970 VietnamMcGovern–Hatfield Amendment1970 Southeast AsiaCooper–Church Amendment1971 VietnamRepeal of Tonkin Gulf Resolution1973 Southeast AsiaCase–Church Amendment1973War Powers Resolution1974Hughes–Ryan Amendment1976 AngolaClark Amendment1982 NicaraguaBoland Amendment2007 IraqHouse Concurrent Resolution 63

 

The War Powers Resolution (also known as the War Powers Resolution of 1973 or the War Powers Act) (50 U.S.C. 1541–1548)[1] is a federal law intended to check the president‘s power to commit the United States to an armed conflict without the consent of the U.S. Congress. The Resolution was adopted in the form of a United States Congress joint resolution. It provides that the U.S. President can send U.S. Armed Forces into action abroad only by declaration of war by Congress, “statutory authorization,” or in case of “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”

The War Powers Resolution requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without a Congressional authorization for use of military force (AUMF) or a declaration of war by the United States. The resolution was passed by two-thirds of Congress, overriding the vetoof the bill from President Nixon.

It has been alleged that the War Powers Resolution has been violated in the past – for example, by President Bill Clinton in 1999, during the bombing campaign in Kosovo. Congress has disapproved all such incidents, but none has resulted in any successful legal actions being taken against the president for alleged violations.[2]

Background

Under the United States Constitution, war powers are divided. Congress has the power to raise and support the armed forces, control the war funding (Article I, Section 8), and has the “Power … to declare war”, while the President is commander-in-chief of the military, and the militia (armed citizenry) “when called into the actual Service of the United States” (Article II, Section 2). It is generally agreed that the commander-in-chief role gives the President power to repel attacks against the United States[3][4] and makes the President responsible for leading the armed forces. In addition and as with all acts of the Congress, the President has the right to sign or veto congressional acts, such as a declaration of war. However, the war power was intentionally split between Congress and the Executive to prevent unilateral executive action counter to the nation’s direct interests.

History

Background and passage

During the Korean and Vietnam wars, the United States found itself involved for many years in situations of intense conflict without a declaration of war. Many members of Congress became concerned with the erosion of congressional authority to decide when the United States should become involved in a war or the use of armed forces that might lead to war. It was prompted by news leaking out that President Nixon conducted secret bombings of Cambodia during the Vietnam War without notifying Congress.

The War Powers Resolution was passed by both the House of Representatives and Senate but was vetoed by President Richard Nixon. By a two-thirds vote in each house, Congress overrode the veto and enacted the joint resolution into law on November 7, 1973.

Implementation, 1993–2002

Presidents have submitted 130[5] reports to Congress as a result of the War Powers Resolution, although only one (the Mayagüez incident) cited Section 4(a)(1) and specifically stated that forces had been introduced into hostilities or imminent danger.

Congress invoked the War Powers Resolution in the Multinational Force in Lebanon Act (P.L. 98-119), which authorized the Marines to remain in Lebanon for 18 months during 1982 and 1983. In addition, the Authorization for Use of Military Force Against Iraq Resolution of 1991 (Pub.L. 102–1) which authorized United States combat operations against Iraqi forces during the 1991 Gulf War, stated that it constituted specific statutory authorization within the meaning of the War Powers Resolution.

On November 9, 1994, the House used a section of the War Powers Resolution to state that U.S. forces should be withdrawn from Somalia by March 31, 1994; Congress had already taken this action in appropriations legislation. More recently under President Clinton, war powers were at issue in former YugoslaviaBosniaKosovoIraq, and Haiti, and under President George W. Bush in responding to terrorist attacks against the U.S. after September 11, 2001. “[I]n 1999, President Clinton kept the bombing campaign in Kosovo going for more than two weeks after the 60-day deadline had passed. Even then, however, the Clinton legal team opined that its actions were consistent with the War Powers Resolution because Congress had approved a bill funding the operation, which they argued constituted implicit authorization. That theory was controversial because the War Powers Resolution specifically says that such funding does not constitute authorization.”[6] Clinton’s actions in Kosovo were challenged by a member of Congress as a violation of the War Powers Resolution in the D.C. Circuit case Campbell v. Clinton, but the court found the issue was a non-justiciablepolitical question.[7] It was also accepted that because Clinton had withdrawn from the region 12 days prior the 90-day required deadline, he had managed to comply with the act.[8]

After the 1991 Gulf War, the use of force to obtain Iraqi compliance with United Nations resolutions, particularly through enforcement of Iraqi no-fly zones, remained a war powers issue. In October 2002 Congress enacted the Authorization for Use of Military Force Against IraqPub.L. 107–243 which authorized President George W. Bush to use force as necessary to defend the United States against Iraq and enforce relevant United Nations Security Council Resolutions.[9] This was in addition to the Authorization for Use of Military Force Against Terrorists enacted in 2001.

Libya intervention in 2011

Secretary of State Hillary Clinton testified to Congress in March 2011 that the administration did not need congressional authorization for its military intervention in Libya or for further decisions about it, despite congressional objections from members of both parties that the administration was violating the War Powers Resolution.[10][11] During that classified briefing, she reportedly indicated that the administration would sidestep the Resolution’s provision regarding a 60-day limit on unauthorized military actions.[12] Months later, she stated that, with respect to the military operation in Libya, the United States was still flying a quarter of the sorties, and the New York Times reported that, while many presidents had bypassed other sections of the War Powers Resolution, there was little precedent for exceeding the 60-day statutory limit on unauthorized military actions – a limit which the Justice Department had said in 1980 was constitutional.[13][14] The State Department publicly took the position in June 2011 that there was no “hostility” in Libya within the meaning of the War Powers Resolution, contrary to legal interpretations in 2011 by the Department of Defense and the Department of Justice Office of Legal Counsel.[15][16][17]

May 20, 2011, marked the 60th day of US combat in Libya (as part of the UN resolution) but the deadline arrived without President Obama seeking specific authorization from the US Congress.[18] President Obama notified Congress that no authorization was needed,[19]since the US leadership had been transferred to NATO,[20] and since US involvement was somewhat “limited”. In fact, as of April 28, 2011, the US had conducted 75 percent of all aerial refueling sorties, supplied 70 percent of the operation’s intelligence, surveillance, and reconnaissance, and contributed 24 percent of the total aircraft used in the operation.[21] By September, the US had conducted 26 percent of all military sorties, contributing more resources to Operation Unified Protector than any other NATO country.[22] The State Department requested (but never received) express congressional authorization.[16][23]

On Friday, June 3, 2011, the US House of Representatives voted to rebuke President Obama for maintaining an American presence in the NATO operations in Libya, which they considered a violation of the War Powers Resolution.[24][25] In The New York Times, an opinion piece by Yale Law Professor Bruce Ackerman stated that Obama’s position “lacks a solid legal foundation. And by adopting it, the White House has shattered the traditional legal process the executive branch has developed to sustain the rule of law over the past 75 years.”[26]

Syrian Military Action in 2017

On April 6, 2017, the United States launched 59 BGM-109 Tomahawk missiles at Shayrat airbase in Syria in response to Syria’s alleged use of chemical weapons. Constitutional scholar and law professor Stephen Vladeck has noted that the strike potentially violates the War Powers Resolution.[27]

Questions regarding constitutionality

The War Powers Resolution has been controversial since it was passed.[28] In passing the resolution, Congress specifically cites the Necessary and Proper Clause for its authority.[29] Under the Necessary and Proper Clause, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.

Because the Constitution limits the President’s authority in the use of force without a declaration of war by Congress, there is controversy as to whether the provisions of the resolution are consistent with the Constitution. Presidents have therefore drafted reports to Congress required of the President to state that they are “consistent with” the War Powers Resolution rather than “pursuant to” so as to take into account the presidential position that the resolution is unconstitutional.

One argument for the unconstitutionality of the War Powers Resolution by Philip Bobbitt[30] argues “The power to make war is not an enumerated power” and the notion that to “declare” war is to “commence” war is a “contemporary textual preconception”. Bobbitt contends that the Framers of the Constitution believed that statutory authorization was the route by which the United States would be committed to war, and that ‘declaration’ was meant for only total wars, as shown by the history of the Quasi-War with France (1798–1800). In general, constitutional powers are not so much separated as “linked and sequenced”; Congress’s control over the armed forces is “structured” by appropriation, while the President commands; thus the act of declaring war should not be fetishized.[clarification needed] Bobbitt also argues that “A democracy cannot … tolerate secret policies” because they undermine the legitimacy of governmental action.

A second argument concerns a possible breach of the ‘separation of powers’ doctrine, and whether the resolution changes the balance between the Legislative and Executive functions. This type of constitutional controversy is similar to one that occurred under President Andrew Johnson with the Tenure of Office Act (1867). In that prior instance, the Congress passed a law (over the veto of the then-President) that required the President to secure Congressional approval for the removal of Cabinet members and other executive branch officers. The Act was not declared unconstitutional by the Supreme Court of the United States until 1926.[31] When Andrew Johnson violated the Act, the House of Representativesimpeached him; action in the Senate to remove him failed by one vote.

Here, the separation of powers issue is whether the War Powers Resolution requirements for Congressional approval and presidential reporting to Congress change the constitutional balance established in Articles I and II, namely that Congress is explicitly granted the sole authority to “declare war”, “make Rules for the Government and Regulation of the land and naval Forces” (Article 1, Section 8), and to control the funding of those same forces, while the Executive has inherent authority as Commander in Chief. This argument does not address the other reporting requirements imposed on other executive officials and agencies by other statutes, nor does it address the provisions of Article I, Section 8 that explicitly gives Congress the authority to “make Rules for the Government and Regulation of the land and naval Forces”.

The constitution specifically states that Congress is authorized “to provide and maintain a Navy” (Article 1 Section 8). The idea of “maintenance” of a Navy implies that Naval Forces would be a permanent fixture of national defense. Two types of Land Forces are described by the Constitution (Article 1 Section 8): the Militia (armed citizenry organized into local defense forces and state volunteer regiments) which Congress can “call forth” and prescribe the “organizing, arming, and disciplining [training]” of, as Congress did in the Militia acts of 1792; and the Army, which Congress can “raise and support”, through regular appropriation acts limited to no more than two years. This division matches how the Revolutionary War was fought, by the Continental Army, raised and supported by the Continental Congress, and local Militias and Volunteer Regiments, raised by the separate Colonies. After the war, under the Articles of Confederation, a small standing Army, the First American Regiment was raised and gradually increased in size over time by Congress before, following the Constitution’s ratification, being transformed into the Regular Army. The availability of a standing Army, and the President of the United States being authorized as “Commander in Chief”, implies his ability as a military commander to employ forces necessary to fulfill his oath to defend the constitution.

There is also an unresolved legal question, discussed by Justice White in INS v. Chadha of whether a “key provision of the War Powers Resolution”, namely 50 U.S.C. 1544(c), constitutes an improper legislative veto. (See Chadha462 U.S. 919, 971.) That section 1544(c) states “such forces shall be removed by the President if the Congress so directs by concurrent resolution”. Justice White argues in his dissent in Chadha that, under the Chadha ruling, 1544(c) would be a violation of the Presentment Clause. The majority in Chadha does not resolve the issue. Justice White does not address or evaluate in his dissent whether that section would fall within the inherent Congressional authority under Article I Section 8 to “make Rules for the Government and Regulation of the land and naval Forces”.[citation needed]

Footnotes

  1. Jump up^ “50 U.S. Code Chapter 33 – WAR POWERS RESOLUTION”.
  2. Jump up^ “War Powers – Law Library of Congress – Library of Congress”.
  3. Jump up^ The Records of the Federal Convention of 1787, at 318-19 (Max Farrand ed., rev. ed. 1966)(1911)
  4. Jump up^ [1] Archived December 15, 2008, at the Wayback Machine.
  5. Jump up^ U.S. Library of Congress. Congressional Research Service. War Powers Resolution: Presidential Compliance. Washington: The Service, 2011 (RL33532), Summary.
  6. Jump up^ Savage, Charlie (2011-04-01) Clock Ticking on War Powers ResolutionThe New York Times The Caucus Blog
  7. Jump up^ Campbell v. Clinton203, February 18, 2000, p. 19, retrieved 2017-02-23
  8. Jump up^ How War Powers, Congressional Action have Intersected Over Time The Wall Street Journal (2013-09-02)
  9. Jump up^ 107th Congress (October 10, 2002). “Authorization for Use of Military Force Against Iraq Resolution of 2002” (text). United States Government Printing Office. Retrieved 2008-12-08.
  10. Jump up^ “Congress members grill administration officials on Libya mission”. CNN. March 31, 2011.
  11. Jump up^ Lillis, Mike; et al. (March 30, 2011). “White House briefing changes few minds on Libya involvement”The Hill.
  12. Jump up^ Crabtree, Susan (March 30, 2011). “Clinton To Congress: Obama Would Ignore Your War Resolutions”. Talking Points Memo.
  13. Jump up^ Charlie Savage (May 26, 2011). “Libya Effort Is Called Violation of War Act”The New York Times. p. A8.
  14. Jump up^ Savage, Charlie (June 18, 2011). “2 Top Lawyers Lost to Obama in Libya War Policy Debate”The New York Times. p. A1.
  15. Jump up^ Savage, Charlie (June 18, 2011). “President overruled 2 key lawyers on debate over Libya war policy”The Seattle Times.
  16. Jump up to:a b Cosgrove, Maureen. “State Department legal adviser: Obama acting lawfully in Libya”JURIST (June 28, 2011).
  17. Jump up^ “War Powers Act of 1973”The New York Times (June 29, 2011).
  18. Jump up^ Libya War Deadline Arrives Fox News
  19. Jump up^ “White House on War Powers Deadline: ‘Limited’ US Role in Libya Means No Need to Get Congressional Authorization”, ABC News, May 20, 2011
  20. Jump up^ “Libya: Nato assumes control of military operation”. BBC News. March 27, 2011.
  21. Jump up^ “Archived copy”. Archived from the original on October 5, 2015. Retrieved October 4, 2015.
  22. Jump up^ “Archived copy”. Archived from the original on October 16, 2015. Retrieved October 4, 2015.
  23. Jump up^ Owen, Robert (2015). “The U.S. Experience: National Strategy and Campaign Support”. In Karl Mueller. Precision and Purpose: Airpower in the Libyan Civil War. Rand Corporation. p. 105.
  24. Jump up^ Dinan, Stephen, “Bipartisan Congress rebuffs Obama on Libya mission”The Washington Times, Saturday, June 4, 2011
  25. Jump up^ Steinhauer, Jennifer (June 3, 2011). “House Rebukes Obama for Continuing Libyan Mission Without Its Consent”The New York Times.
  26. Jump up^ Ackerman, Bruce. “Legal Acrobatics, Illegal War”The New York Times (June 21, 2011). Page A27.
  27. Jump up^ “Was Trump’s Syria Strike Legal? An Expert Weighs In”. Retrieved 7 April 2017.
  28. Jump up^ “The war powers resolution”. US Department of State Bulletin. 1988-09-15. Retrieved 2008-07-09. “The War Powers Resolution has been controversial from the day it was adopted over President Nixon’s veto. Since 1973, executive officials and many Members of Congress have criticized various aspects of the law repeatedly.”
  29. Jump up^ War Powers Joint Resolution, §2(b).
  30. Jump up^ “War Powers: An Essay on John Hart Ely‘s War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath,” Michigan Law Quarterly 92, no. 6 (May 1994): 1364–1400.
  31. Jump up^ “Myers v. United States, 272 U. S. 52 (1926)”.

References

External links

https://en.wikipedia.org/wiki/War_Powers_Resolution

Declaration of war by the United States

From Wikipedia, the free encyclopedia

Franklin D. Roosevelt signs the declaration of war against Japan on December 8, 1941

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.

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.

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.[2] 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.[3] 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.[4] 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.[5]

Declarations of war

Formal

The table below lists the five wars in which the United States has formally declared war against eleven foreign nations.[6] 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.[7][8]

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.”[9]  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[10][11]  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 DayJapanese 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 DayGerman 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[10]  Hungary 360–0
Declaration of War upon Romania[10]  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 Morocco
 Tripolitania
February 6, 1802[12] Thomas Jefferson War ended 1805
Second Barbary War Fictitious Ottoman flag 2.svg Algiers May 10, 1815[13] 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” 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.[14] James Buchanan
Mexican Revolution

 Mexico H.J.R. 251, 38 Stat. 770
April 22, 1914
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.[15][16]
Russian Civil War

 Commune of Estonia
 Far Eastern Republic
 Latvia
 Mongolian People’s Party
 Russia
 Ukraine
1918[17] Woodrow Wilson
Lebanon crisis of 1958 Lebanon Lebanese Opposition

H.J. Res. 117, Public Law 85-7, Joint Resolution “To promote peace and stability in the Middle East”, March 9, 1957[18] 72–19 355–61 Dwight D. Eisenhower U.S. forces withdrawn, October 25, 1958
Vietnam War


Laotian Civil War


Cambodian Civil War

China China
National United Front of Kampuchea

 North Korea
 North Vietnam
Laos Pathet Lao
 South Vietnam

Gulf of Tonkin Resolution, August 7, 196488–2416–0Lyndon B. JohnsonU.S. forces withdrawn under terms of the Paris Peace Accords signed January 27, 1973Multinational Force in LebanonShia and Druze militias; SyriaS.J.Res. 159
Pub.L. 98–119
September 29, 198354–46253–156Ronald W. ReaganForces withdrawn in 1984Persian Gulf War IraqH.J.Res. 77
January 12, 1991.52–47250–183George H.W. BushThe United Nations Security Council drew up terms for the cease-fire, April 3, 1991

War in Afghanistan


al-Qaeda insurgency in Yemen


Somali Civil War


War in North-West Pakistan


Moro conflict


Iraqi Civil War


Syrian Civil War


Second Libyan Civil War

Afghanistan Afghanistan

 al-Qaeda

 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


Afghanistan 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


Islamic State of Iraq and the Levant Abu Sayyaf
Islamic State of Iraq and the Levant Bangsamoro Islamic Freedom Fighters
 Islamic State
 Islamic Movement of Uzbekistan
Islamic State of Iraq and the Levant Maute group
Islamic State of Iraq and the Levant Khalifa Islamiyah Mindanao

S.J. Res. 23
September 14, 200198–0420–1George W. Bush Iraq War[19] IraqH.J. Res. 114,
March 3, 200377–23296–132George W. BushBa’athist Iraqi government deposed April 2003. U.S. combat operations ended August 31, 2010. War ended December 15, 2011. Destabilization of Iraq and emergence of ISIL in the region 2011–present.[20]

 

Military engagements authorized by United Nations Security Council Resolutions and funded by Congress[edit]

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.

Military engagement Opponent(s) Initial authorization President Result
Korean War  China
 North Korea
 Soviet Union
UNSCR 84, 1950 Harry S. Truman Korean Armistice Agreement,[21] 1953
Multinational Force in Lebanon Shia militias, Druze militias, Syria UNSCR 425, 1978UNSCR 426, 1978 Jimmy CarterRonald 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, 2004UNSCR 1542, 2004 2004
First Libyan Civil War

 Libya UNSCR 1973, 2011 Barack Obama Debellation of the Libyan Arab Jamahiriya, October 31, 2011

Other undeclared wars[edit]

Military engagement Opponent(s) President Result
American Revolutionary War Kingdom of Great Britain Great Britain

German auxiliaries

Native Americans[22]

None Peace of Paris

On at least 125 occasions, the President has acted without prior express military authorization from Congress.[23] 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 approximately 1840 and 1886 against the Apache Nation. During that entire 46-year period, there was never more than 90 days of peace.[citation needed]

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.[24]

The American Civil War was not an international conflict under the laws of war, because the Confederate States of America was not a government that had been granted full diplomatic recognition as a sovereign nation by other sovereign states.[25][26] The CSA was recognized by the United States government as a belligerent power, a different status of recognition that authorized Confederate warships to visit non-U.S. ports. This recognition of the CSA’s status as a belligerent power did not impose any duty upon the United States to recognize the sovereignty of the Confederacy, and the United States never did so.

The 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.[27] 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.

See also

References

  1. Jump up^ Doe v. Bush, 03-1266, (March 13, 2003)”FindLaw. Retrieved 20 June 2013.
  2. Jump up^ Henderson, Phillip G. (2000). The presidency then and now. Rowman & Littlefield. p. 51ISBN 978-0-8476-9739-7.
  3. Jump up^ The Debates in the Federal Convention of 1787 reported by James Madison : August 17,The Avalon Project, Yale Law School, retrieved Feb 13, 2008
  4. Jump up^ “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.
  5. Jump up^ Shindler, Michael (1 March 2018). “War Powers: Return to Congress”. RealClearDefense. RealClear Media Group. Retrieved 2 March 2018.
  6. Jump up^ Official Declarations of War by Congress
  7. Jump up^ BBC News, On This Day
  8. Jump up^ 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
  9. Jump up^ 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.
  10. Jump up to:a b c Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications
  11. Jump up^ H.J.Res.169: Declaration of War with Austria-Hungary, WWI, United States Senate
  12. Jump up^ Key Events in the Presidency of Thomas JeffersonMiller Center of Public AffairsUniversity of Virginia, (retrieved on August 10, 2010).
  13. Jump up^ Key Events in the Presidency of James MadisonMiller Center of Public AffairsUniversity of Virginia, (retrieved on August 10, 2010).
  14. Jump up^ Expenses – Paraguay Expedition, House of Representatives, 36th Congress, 1st Session, Mis. Doc. No. 86 (May 11, 1860), p. 142
  15. Jump up^ Cyrulik, John M., A Strategic Examination of the Punitive Expedition into Mexico, 1916-1917. Fort Leavenworth, KS, 2003. (Master’s thesis)
  16. Jump up^ 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
  17. Jump up^ A History of Russia, 7th Edition, Nichlas V. Riasanovsky & Mark D. Steinberg, Oxford University Press, 2005.
  18. Jump up^ http://www.shafr.org/wp-content/uploads/2011/11/U.S.-Congress-Approval-of-the-Eisenhower-Doctrine-1957.pdf
  19. Jump up^ Obama’s full speech: Operation Iraqi Freedom is Over, MSNBC
  20. Jump up^ Londoño, Ernesto (August 19, 2010). “Operation Iraqi Freedom ends as last combat soldiers leave Baghdad”The Washington Post.
  21. Jump up^ s:Korean Armistice Agreement
  22. Jump up^ OnondagaMohawkCayugaSenecaMi’kmaq (from 1779)CherokeeOdawaMuscogeeSusquehannockShawnee
  23. Jump up^ The President’s Constitutional Authority To Conduct Military Operations Against Terrorists and Nations Supporting Them
  24. Jump up^ Army Continues to Parade Wounded Knee Battle StreamerNational Congress of American Indians.
  25. Jump up^ “Preventing Diplomatic Recognition of the Confederacy, 1861–1865”. U.S. Department of State. Archived from the originalon August 28, 2013.
  26. Jump up^ McPherson, James M. (2007). This Mighty Scourge: Perspectives on the Civil War. Oxford University Press US. p. 65. ISBN 978-0-19-531366-6.
  27. Jump up^ Obama Attacked for No Congressional Consent on LibyaNew York Times.

Further reading

External links

https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States

Story 2: Trump Wants 4,000 National Guard Force Assisting U.S. Border Patrol — Zero Miles of Wall Built — Videos

California’s governor agrees to deploy 400 National Guard troops at Trump’s request

Trump wants to send National Guard troops to the border to help fight illegal immigration

Arizona, Texas to deploy National Guard troops to border

Pentagon: National Guard Will Support Border Patrol – Full News Conference

 

California’s governor agrees to deploy 400 National Guard troops at Trump’s request

SOURCE: CNN

California Gov. Jerry Brown responded to President Donald Trump’s request to add more troops for border security, saying he’ll add about 400 troops but also saying they won’t be used for “enforcing federal immigration laws.”

The location of the troops and the number working along the border, the coast and other places in the state will be determined by the needs on the ground, the governor’s press office said.

This supplements the 250 troops already working statewide, including 55 Guard members already at the border.

Trump said last week he wants to send 2,000 to 4,000 National Guard members to the border, issuing a proclamation citing “the lawlessness that continues at our southern border.”

Arizona, New Mexico and Texas all made new pledges that add up to almost half of the up to 4,000 troops Trump requested. Some Guard members started arriving at the border as states and the federal government officials continued to discuss what they will do.

Read Gov. Brown’s full letter below.

Dear Secretary Nielsen and Secretary Mattis:

Pursuant to your request, the California National Guard will accept federal funding to add approximately 400 Guard members statewide to supplement the staffing of its ongoing program to combat transnational crime. This program is currently staffed by 250 personnel statewide, including 55 at the California border.

Your funding for new staffing will allow the Guard to do what it does best: support operations targeting transnational criminal gangs, human traffickers and illegal firearm and drug smugglers along the border, the coast and throughout the state. Combating these criminal threats are priorities for all Americans – Republicans and Democrats. That’s why the state and the Guard have long supported this important work and agreed to similar targeted assistance in 2006 under President Bush and in 2010 under President Obama.

But let’s be crystal clear on the scope of this mission. This will not be a mission to build a new wall. It will not be a mission to round up women and children or detain people escaping violence and seeking a better life. And the California National Guard will not be enforcing federal immigration laws.

Here are the facts: there is no massive wave of migrants pouring into California. Overall immigrant apprehensions on the border last year were as low as they’ve been in nearly 50 years (and 85 percent of the apprehensions occurred outside of California).

I agree with the Catholic Bishops who have said that local, state and federal officials should “work collaboratively and prudently in the implementation of this deployment, ensuring that the presence of the National Guard is measured and not disruptive to community life.”

I look forward to working with you on this important effort.

Sincerely,

Edmund G. Brown Jr.

http://www.kcra.com/article/californias-governor-agrees-to-deploy-400-national-guard-troops-at-trumps-request/19747526

Story 3: House Speaker Paul Ryan Retiring January 2018 — Good Day For Limited Government Conservatives — Videos

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Listen To Pronk Pops Podcast or Download Shows 211-221

Listen To Pronk Pops Podcast or Download Shows 202-210

Listen To Pronk Pops Podcast or Download Shows 194-201

Listen To Pronk Pops Podcast or Download Shows 184-193

Listen To Pronk Pops Podcast or Download Shows 174-183

Listen To Pronk Pops Podcast or Download Shows 165-173

Listen To Pronk Pops Podcast or Download Shows 158-164

Listen To Pronk Pops Podcast or Download Shows 151-157

Listen To Pronk Pops Podcast or Download Shows 143-150

Listen To Pronk Pops Podcast or Download Shows 135-142

Listen To Pronk Pops Podcast or Download Shows 131-134

Listen To Pronk Pops Podcast or Download Shows 124-130

Listen To Pronk Pops Podcast or Download Shows 121-123

Listen To Pronk Pops Podcast or Download Shows 118-120

Listen To Pronk Pops Podcast or Download Shows 113 -117

Listen To Pronk Pops Podcast or Download Show 112

Listen To Pronk Pops Podcast or Download Shows 108-111

Listen To Pronk Pops Podcast or Download Shows 106-108

Listen To Pronk Pops Podcast or Download Shows 104-105

Listen To Pronk Pops Podcast or Download Shows 101-103

Listen To Pronk Pops Podcast or Download Shows 98-100

Listen To Pronk Pops Podcast or Download Shows 94-97

Listen To Pronk Pops Podcast or Download Show 93

Listen To Pronk Pops Podcast or Download Show 92

Listen To Pronk Pops Podcast or Download Show 91

Listen To Pronk Pops Podcast or Download Shows 88-90

Listen To Pronk Pops Podcast or Download Shows 84-87

Listen To Pronk Pops Podcast or Download Shows 79-83

Listen To Pronk Pops Podcast or Download Shows 74-78

Listen To Pronk Pops Podcast or Download Shows 71-73

Listen To Pronk Pops Podcast or Download Shows 68-70

Listen To Pronk Pops Podcast or Download Shows 65-67

Listen To Pronk Pops Podcast or Download Shows 62-64

Listen To Pronk Pops Podcast or Download Shows 58-61

Listen To Pronk Pops Podcast or Download Shows 55-57

Listen To Pronk Pops Podcast or Download Shows 52-54

Listen To Pronk Pops Podcast or Download Shows 49-51

Listen To Pronk Pops Podcast or Download Shows 45-48

Listen To Pronk Pops Podcast or Download Shows 41-44

Listen To Pronk Pops Podcast or Download Shows 38-40

Listen To Pronk Pops Podcast or Download Shows 34-37

Listen To Pronk Pops Podcast or Download Shows 30-33

Listen To Pronk Pops Podcast or Download Shows 27-29

Listen To Pronk Pops Podcast or Download Shows 17-26

Listen To Pronk Pops Podcast or Download Shows 16-22

Listen To Pronk Pops Podcast or Download Shows 10-15

Listen To Pronk Pops Podcast or Download Shows 1-9

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