There hasn't been a formal declaration of war sense WW2. Back then laws
were written differently, there wasn't as much crap in them like the
laws have today.
Shortly after the attacks of 9/11 Congress passed this law, and the
President signed it.
The War Powers Act was created to serve multiple functions, one of those
being to recognize that other countries did not have the same laws we
did when declaring war, and at time there might not be a country to
declare war against. So in essence that act was a declaration of war
against any nation that may be considering violence against us.
The Constitution doesn't outline how congress should go about declaring
war. It doesn't say there must be a formal declaration before troops can
be sent in. It only claims that they can. It never even states that the
President can't declare war.
The Constitution ensures that the president can send troops anywhere he
wants. However it specifically gives congress the power of the purse,
they can tie the hands of the President by denying funding for such
operations.
After Sept 11th, the following law was passed allowing the president to
do basically what ever he wants to fight terrorism against the US. And
sense that time, Congress has continued to give money to the cause.
S.J.RES.23
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the `Authorization for Use
of Military Force'.
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) IN GENERAL- That the President is authorized to use all
necessary and appropriate force against those nations, organizations, or
persons he determines planned, authorized, committed, or aided the
terrorist attacks that occurred on September 11, 2001, or harbored such
organizations or persons, in order to prevent any future acts of
international terrorism against the United States by such nations,
organizations or persons.
(b) War Powers Resolution Requirements-
(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with
section 8(a)(1) of the War Powers Resolution, the Congress declares that
this section is intended to constitute specific statutory authorization
within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this
resolution supercedes any requirement of the War Powers Resolution.
> >Were....not....at....war......it's....never....been....declared......
> >
> >Scott A. Stewart
> >ColdFusion Developer
> >
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