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There has been no .....(sm)

Posted By: Just the big bad on 2009-06-12
In Reply to: And technically how do you figure that? - Victoria

formal declaration of war from congress, i.e. no vote.  They only voted on funding. 


"Despite the constitutional requirement that Congress declare war, in practice, formal Declarations of War have occurred only upon prior request by the President. And contrary to the popular opinion that the framers of the Constitution intended that the President cannot engage in war without an act of Congress, in fact the framers chose the final wording with the intent of "leaving to the Executive the power to repel sudden attacks" without the explicit approval of Congress.[1] However, debate continues as to the legal extent of the President's authority in this regard. 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."


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


I'm just looking at the legal aspect of it.




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