Is the war in Iraq "declared" or not?

Question

Is the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public law 107-243, 116 Stat. 1497-1502) a declaration of war? Is there a difference between a declaration of war and an AUMF?

Answer 1

The Constitution does not give any specific method by which war is declared. No particular wording is required. It simply says:

"The Congress shall have Power...
(...a bunch of other powers...)
To declare War, grant Letters of Marque and Reprisal...
(...more other powers...)"

This question has come up many times in recent politics because a vote to "authorize military force" can be described to constituents as either a vote in favor of, or one opposed to, a war. Politicians from both parties see this as being safer, politically, than using the phrase, "declare war."

In the legal sense, this question can't be definitively answered unless the Supreme Court, or a Constitutional amendment, lays out specific wording. However, by the principals of precedent, and common law, since this war HAS been authorized, it has been declared.

Answer 2

No, it is not a declared war. Only Congress has the power to declare war on another country. In this case they opted to "authorize the use of military force," which is somewhat different than declaring war.

Actually, the US has not been in a "declared" war since WWII. The phrase that is most often used to describe Korea or Vietnam is "police action." In this case (Iraq II), the conflict is part of the larger "war on terror," which is often being waged against "non-state" actors, or people who don't technically belong to a national military (like al Qaida). Thus, Congress' authorization gives the President broader authority to pursue his war on terror without significant Congressional over-site.

Answer 3

The United States has yet to make a declaration of war concerning Iraq as was the case in Korea/Vietnam (i.e. conflicts, etc...).

"the United States in its more than decade-long involvement in Vietnam. Nations such as France, which had extensive colonies in which its military provided order, continued to intervene in their former colonies' affairs as police actions since they could no longer be deemed internal conflicts.

Not declaring war provides a way to circumvent constitutional safeguards against the executive declaring war, and also, in some cases, to avoid feeling bound by the established laws of war. Not using the word "war" is also seen as being more public relations-friendly. For these reasons, they have generally ceased to issue declarations of war, instead describing their actions by euphemisms such as "police action" or "authorized use of force."

Answer 4

Yes there is a difference. The last time that congress declared war was in world war II, every thing else has been a police action.

Answer 5

There is a big difference,
My dad was in the Koren conflict and since it was never declared a war he is fighting for his veterans benefits
he received the purple heart and was in special ops and now cannot get the benefits he earned because it was never declared a war !!

Answer 6

Not declared. There's no war - there's no enemy, there's nobody to conquer, there's nobody to surrender so we can go home.

This is what's known as a "military adventure", where a powerful country goes off and beats up on some less powerful country to impose their will upon them.

Rather like a schoolyard bully.

In our last declared war, World War II, the object was more traditional - kill as many German people as you can until Germany surrenders, then kill as many Japanese peole as you can until they surrender.

This "War" on terror is rather like the "War" on Poverty and the "War" on drugs - it's a goverment job program with the added advantage of making the oil barons even more wealthy.

Answer 7

No, it is not a declaration of war. The Constitution specifically grants Congress the power to declare war. Any legislation that did not use that specific phraseology would not be a declaration of war.

Answer 8

Since when did the United States declare a war? Not since WWII if I'm informed correctly ...

Answer 9

There's a war in Iraq?! Wow I've been in my bomb shelter for wayyyyy tooo looong....

Actually it is a police action, just as Korea and Vietnam were. We are the cops of the world ya know?

Answer 10

No - congress never technically declared war.