Can the President of the United States declare war? Or does it take an "Act of Congress"?

Question

Which was a "Democratic Majority" when we declared war on Afganistan and Iraq!

come on kids we all did this in school!

Answer 1

Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 11, vests in the Congress the exclusive power to declare war.

Five wars have been declared in American history: the War of 1812, the Mexican-American War, the Spanish-American War, World War I and World War II. Some historians argue that the legal doctrines and legislation passed during the operations against Pancho Villa constitute a sixth declaration of war.

However, beginning with the Korean War, American presidents have not sought formal declarations of war, instead maintaining that they have the constitutional authority, as commander in chief (Article Two, Section Two) to use the military for "police actions".

In 1973, Congress passed the War Powers Resolution, which requires the president to obtain either a declaration of war or a resolution authorizing the use of force from Congress within 60 days of initiating hostilities. Its constitutionality has never been tested as Congress has always passed the required authorization when requested by the president.

Some legal scholars maintain that all military action taken without a Congressional declaration of war (regardless of the War Powers Resolution) is unconstitutional; however, the Supreme Court has never ruled directly on the matter.

There is also much debate about the meaning of the word "declare." Some scholars suggest that to declare war does not necessarily mean to commence war. During the Philadelphia Convention, there was some discussion about the difference between the power to "make war" and the power to "declare war," and which of the two should be written into the Constitution. A declaration of war lets the citizens of a nation know that they are now at war with some other nation or entity. It also puts the belligerent nations and their citizens on notice. More importantly, this establishes that international law governs the conduct of the war. This protects citizens in all the warring nations involved insofar as if they are captured by the enemy, they will be treated as prisoners-of-war instead of mere criminals.

Answer 2

Only Congress can declare war. Since the President is the Commander-in-Chief of the military, he can send them anywhere he wants, but Congress has the final authority to feed, cloth, and generally take care of the troops. Even though The War Powers Act is the law of the land, no president really abides by it. Both President Clinton, in Kosovo, and President Bush (jr) have ignored the act. It is true that the last declared war was World War II, but all of the other "wars" were times when Congress authorized the use of force by the President.

Answer 3

Actually, only Congress can declare war, a power specifically reserved for it in the Constitution. However, the President is posessing of what are termed "war powers" and these can include police actions, and other uses of military power.

The Vietnam War, for example, was never a formal war declared by Congress, but Congress continued to authorize funds for it for many years, thereby allowing the President to exercise war powers without a formal declaration of war.

On the other hand, immediately after Japan's attack on Pearl Harbor, President Roosevelt went to Congress specifically to request a formal declaration of war.

Answer 4

Congress must "declare" war; however, the president is the civilian commander and chief and can order the armed forces into battle without such a declaration.

With regards to where this discussion is heading:

Contrary to liberal liars, President Bush had congress' approval before going into Iraq. He also had about 17 United Nations' resolutions, the last of which authorized his use of force.

Also, contrary to liberal beliefs, hundreds of weapons of mass destruction have been found in Iraq since our invasion. Also, documents linking Saddam to al Qeda and other terrorist groups have been discovered.

Lastly, the liberals are worried about Bush attacking North Korea. Last time I checked, it was North Korea sending missiles towards Japan and Hawaii.

Answer 5

Congress has the power to declare war, the President can only make the suggestion or recommendation. In times such as 9/11 and in WWII with Roosevelt, the President has more influence because everyone wants payback

Answer 6

The Congress, Government all controlled by the "men behind the man" in power. Just like through out history. They don't really give 2 F*&% about what the public has to say were mute to their ears. When the war on Iraq was holding place billions of protesters took rally all over the world but still it took place. The United Nations said no to war against Iraq but still the war took place. Something smells fishy in the world of politics! I wonder who created this "UNITED NATIONS?”

Answer 7

The President is the Commander in Chief of the Armed Forces of the United States of America. He will "Declare War", but we do not go to war until the War Declaration has been approved by Congress:

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

Answer 8

President has a 48 hour complete control in military situations and declare war but to continue war must also be declared by congress.

So simply yes but for 48 hours maximum then it must be brought to Congress

Answer 9

the President cant declare war it as to be an Act of Congress

Answer 10

Congress has to declare War. The President used his powers to send the National Guard to Iraq and Afghanistan - just like he used his powers to send them to New Orleans...