Declaration of war

[Stiles/Akin]

"What many don't know is that there have only been five wars that were declared by the US Congress.
The Revolutionary must be excluded because there was no formal Congress, nor even a Constitution establishing a government.
The list is: War of 1812 with England, The Mexican American War in 1846, The Spanish American War in 1898, World War 1 in 1917 and World War 2 in 1941. That's all...."

I posted this statement from Facebook. Is this true?

 

[huskerblitz]

I actually think that is correct as far as officially declared wars by Congress.

 

[Rebforever]

Yes.

 

[Deleted User CS]

Correct me if I am wrong, Why doesn't the Continental Congress count, as a formal established body which represented all thirteen colonies, towards the Revolutionary War? Didn't all thirteen colonies "declare" their independence from Great Britain by fighting in a war for our ultimate freedom? David.

 

[huskerblitz]

Correct me if I am wrong, Why doesn't the Continental Congress count, as a formal established body which represented all thirteen colonies, towards the Revolutionary War? Didn't all thirteen colonies "declare" their independence from Great Britain by fighting in a war for our ultimate freedom? David.

I don't think the Continental Congress ever officially declared war on England. France and Spain did, but I don't think the colonies ever did. But even then you have a non-official governing body creating laws and the like that have no bearing if they wound up losing the war. The US wasn't a formalized country until 1783.

 

[Borderruffian]

Yes....so where is this going?

 

[Deleted User CS]

I don't think the Continental Congress ever officially declared war on England. France and Spain did, but I don't think the colonies ever did. But even then you have a non-official governing body creating laws and the like that have no bearing if they wound up losing the war. The US wasn't a formalized country until 1783.

huskerblitz. I am not a lawyer nor am I a constitutional scholar so I am not sure if the Continental Congress would have declared war on the British Empire with the imposition of the Declaration of Independence? I believe that the British Parliament allowed the colonies to enact their own laws so long as they did not interfere with the laws enacted by King George III. The united colonies obviously were recognized as a sovereign nation by the French government whose assistance was extremely helpful in the colonies attaining full independence. David.

 

[Stiles/Akin]

Yes....so where is this going?

No Where. Just confirming information.

 

[huskerblitz]

huskerblitz. I am not a lawyer nor am I a constitutional scholar so I am not sure if the Continental Congress would have declared war on the British Empire with the imposition of the Declaration of Independence? I believe that the British Parliament allowed the colonies to enact their own laws so long as they did not interfere with the laws enacted by King George III. The united colonies obviously were recognized as a sovereign nation by the French government whose assistance was extremely helpful in the colonies attaining full independence. David.

Yes, but that wasn't until after the colonists had won at Saratoga in 1777, two years from the start of real hostilities. Even with the DOI, that isn't a formal declaration of war, rather, well....a declaration of independence from Britain whether peacefully or by force. So in light of the question posed about officially declared wars by the United States the Revolution cannot be counted as one of those wars.

 

[Deleted User CS]

Yes, but that wasn't until after the colonists had won at Saratoga in 1777, two years from the start of real hostilities. Even with the DOI, that isn't a formal declaration of war, rather, well....a declaration of independence from Britain whether peacefully or by force. So in light of the question posed about officially declared wars by the United States the Revolution cannot be counted as one of those wars.

huskerblitz. Unfortunately, I disagree with you assessment. However, lets continue to be friends and agree to disagree instead of battling back and forth. Ok. David.

 

[huskerblitz]

huskerblitz. Unfortunately, I disagree with you assessment. However, lets continue to be friends and agree to disagree instead of battling back and forth. Ok. David.

Fair enough. Though I am curious which part you actually disagree with.

 

[NedBaldwin]

"What many don't know is that there have only been five wars that were declared by the US Congress.
The Revolutionary must be excluded because there was no formal Congress, nor even a Constitution establishing a government.
The list is: War of 1812 with England, The Mexican American War in 1846, The Spanish American War in 1898, World War 1 in 1917 and World War 2 in 1941. That's all...."

I posted this statement from Facebook. Is this true?

There was a Congress at the time of the Revolution. In the summer of 1775 it issued a declaration "Setting Forth the Causes and Necessity of Their Taking Up Arms". Is that a declaration of war?

In 1802 Congress passed "An Act for the Protection of the Commerce and Seamen of the United States, Against the Tripolitan Cruisers". It authorized the President to "equip, officer, man, and employ" the navy in order to "subdue, seize and make prize of all vessels, goods and effects, belonging to the Bey of Tripoli, or to his subjects, and to bring or send the same into port, to be proceeded against, and distributed according to law; and also to cause to be done all such other acts of precaution or hostility as the state of war will justify" Is that not a declaration of war?

Why isnt giving the President the authorization to use the Armed Forces against another country just another name for a declaration of war?

 

[Stiles/Akin]

With that being said. Can only Congress declare war? Can the president as well?

 

[huskerblitz]

With that being said. Can only Congress declare war? Can the president as well?

Under the Constitution...no. It has to be Congress. The president is allowed to use troops for up to 60 days but Congress has to sign off on any further conflict.

 

[mofederal]

No expert on any type of law, but it would sound the 1802 act is authorizing the US Navy to go to war. A war without a more formal declaration. I am looking at this logically, awaiting for those with more information to answer it.

 

[huskerblitz]

There was a Congress at the time of the Revolution. In the summer of 1775 it issued a declaration "Setting Forth the Causes and Necessity of Their Taking Up Arms". Is that a declaration of war?

Debatable I think. Clearly not a declaration of war. I think it's more of a justification for use of arms. But I suppose the argument could be made for it.

 

[AndyHall]

With that being said. Can only Congress declare war? Can the president as well?

Congress alone has the power to declare war under the Constitution. As you know, however, the president has extensive powers as commander-in-chief to conduct military operations, and many of the conflicts in this country's history have been managed that way. In some cases, Congress has authorized military action short of a declaration of war, e.g. the "Authorization for Use of Military Force Against Iraq Resolution" in January 1991.

To bring us back to the American Civil War, the Constitution also gives the Congress authorization (Art. I, Section 8, Paragraph 15) to "suppress Insurrections and repel Invasions" an an enumerated power separate from a declaration of war.

 

[NedBaldwin]

To bring us back to the American Civil War, the Constitution also gives the Congress authorization (Art. I, Section 8, Paragraph 15) to "suppress Insurrections and repel Invasions" an an enumerated power separate from a declaration of war.

The full clause is
"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"
So the enumerated power of Congress was "To provide for calling forth the Militia"
The purpose of the Militia when called out was "to suppress Insurrections and repel Invasions".

 

[Bruce Vail]

There was a Congress at the time of the Revolution. In the summer of 1775 it issued a declaration "Setting Forth the Causes and Necessity of Their Taking Up Arms". Is that a declaration of war?

In 1802 Congress passed "An Act for the Protection of the Commerce and Seamen of the United States, Against the Tripolitan Cruisers". It authorized the President to "equip, officer, man, and employ" the navy in order to "subdue, seize and make prize of all vessels, goods and effects, belonging to the Bey of Tripoli, or to his subjects, and to bring or send the same into port, to be proceeded against, and distributed according to law; and also to cause to be done all such other acts of precaution or hostility as the state of war will justify" Is that not a declaration of war?

Why isnt giving the President the authorization to use the Armed Forces against another country just another name for a declaration of war?

I agree. If the Congress authorizes military action then the difference from a formal declaration is purely semantic.

Ask Hillary Clinton

 

[thomas aagaard]

delete - modern politics...