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Declaration of War by the United States - Wikipedia 12/4/2018 Declaration of war by the United States - Wikipedia Declaration of war by the United States A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. The document Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications (https://www.fas.org/sgp/crs/natsec/RL31 133.pdf) gives an extensive listing and summary of statutes which are automatically engaged upon the US declaring war. For the United States, Article One, Section Eight of the Constitution says "Congress shall have power to ... declare War." However, that passage provides no specific format for what form legislation must have in order to be considered a "declaration of war" nor does the Constitution itself use this term. In the courts, the United States Court of Appeals for the First Circuit, in Doe v. Bush, said: "[T]he text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war."[1] in effect saying an authorization suffices for declaration and what some may view as a formal Congressional "Declaration of War" was not required by the Constitution. United States President Franklin The last time the United States formally declared war, using specific terminology, on any nation was in 1942, D. Roosevelt signs the when war was declared against Axis-allied Hungary, Bulgaria, and Romania, because President Franklin declaration of war against Japan Roosevelt thought it was improper to engage in hostilities against a country without a formal declaration of on December 8, 1941 war. Since then, every American president has used military force without a declaration of war.[2] This article will use the term "formal declaration of war" to mean Congressional legislation that uses the phrase "declaration of war" in the title. Elsewhere, this article will use the terms "authorized by Congress," "funded by Congress" or "undeclared war" to describe other such conflicts. Contents History Declarations of war Formal Undeclared wars Military engagements authorized by Congress Military engagements authorized by United Nations Security Council Resolutions and funded by Congress Other undeclared wars The War Powers Resolution See also References Further reading External links History The United States has formally declared war against foreign nations five separate times, each upon prior request by the President of the United States. Four of those five declarations came after hostilities had begun.[3] James Madison reported that in the Federal Convention of 1787, the phrase "make war" was changed to "declare war" in order to leave to the Executive the power to repel sudden attacks but not to commence war without the explicit approval of Congress.[4] Debate continues as to the legal extent of the President's authority in this regard. Public opposition to American involvement in foreign wars, particularly during the 1930s, was expressed as support for a Constitutional Amendment that would require a national referendum on a declaration of war.[5] Several Constitutional Amendments, such as the Ludlow Amendment, have been proposed that would require a national referendum on a declaration of war. After Congress repealed the Gulf of Tonkin Resolution in January 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed the War Powers Resolution (Pub.L. 93–148 (http://legislink.org/us/pl-93-148)) over the veto of Nixon in an attempt to rein in some of the president's claimed powers. The War Powers Resolution proscribes the only power of the president to wage war which is recognized by Congress.[6] https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States 1/11 12/4/2018 Declaration of war by the United States - Wikipedia Declarations of war Formal The table below lists the five wars in which the United States has formally declared war against eleven foreign nations.[7] The only country against which the United States has declared war more than once is Germany, against which the United States has declared war twice (though a case could be made for Hungary as a successor state to Austria-Hungary). In World War II, the Japanese attacked Pearl Harbor on December 7, 1941. Germany and Italy, led respectively by Adolf Hitler and Benito Mussolini, declared war on the United States, and the U.S. Congress responded in kind.[8][9] https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States 2/11 12/4/2018 Declaration of war by the United States - Wikipedia Votes Date of War Declaration Opponent(s) declaration Senate House President Result Treaty of Declaration of Ghent War of 1812 War upon the United Kingdom June 18, 1812 19–13 79–49 James Madison (December U.K. 24, 1814) "An Act providing for the Treaty of Prosecution of Guadalupe the existing Mexican–American War Mexico May 13, 1846 40–2 173–14 James K. Polk Hidalgo War between (February the United 2, 1848) States and the Republic of Mexico."[10] Treaty of Declaration of Paris Spanish–American War War upon Spain April 25, 1898 42–35 310–6 William McKinley (December Spain 10, 1898) Treaty of Declaration of Berlin War upon Germany April 6, 1917 82–6 373–50 (August 25, Germany 1921) 1921 U.S.– Austrian Peace World War I Woodrow Wilson Treaty Declaration of (August 24, War upon 1921), Austria-Hungary December 7, 1917 74–0 365–1 Austria- 1921 U.S.- Hungary[11][12] Hungarian Peace Treaty (August 29, 1921) World War II Franklin D. Roosevelt V-J Day, Japanese Instrument of Surrender Declaration of (September War upon Japan December 8, 1941 82–0 388–1 2, 1945), Japan Treaty of San Francisco (September 8, 1951) V-E Day, German Instrument of Surrender (May 8, 1945), Treaty on the Final Declaration of Settlement War upon Germany 88–0 393–0 with Germany December 11, 1941 Respect to Germany (September 12, 1990), Treaty of Vienna with Austria (May 15, 1955) Declaration of Paris Italy 90–0 399–0 War upon Italy Peace Treaty Declaration of Bulgaria June 5, 1942 73–0 357–0 https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States 3/11 12/4/2018 Declaration of war by the United States - Wikipedia War upon (February Bulgaria 10, 1947) Declaration of War upon Hungary 360–0 Hungary[11] Declaration of War upon Romania 361–0 Romania[11] Undeclared wars Military engagements authorized by Congress In other instances, the United States has engaged in extended military combat that was authorized by Congress. https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States 4/11 12/4/2018 Declaration of war by the United States - Wikipedia Votes Initial War or conflict Opponent(s) authorization Senate House President Result An Act further to protect the commerce of Treaty of Quasi-War France 18–4 John Adams the United Mortefontaine States July 9, 1798 Morocco February 6, War ended First Barbary War Thomas Jefferson Tripolitania 1802[13][14] 1805 May 10, War ended Second Barbary War Algiers James Madison 1815[15][16] 1816 1822 first African- American Enforcing 1808 slave trade "Act in addition settlement ban; naval squadron sent to the acts founded in to African waters to Slave traders and pirates prohibiting the James Monroe Liberia, 1823 apprehend illegal slave Slave Trade" U.S. Navy traders 1819[17] stops anti- trafficking patrols Redress for attack on U.S. Paraguay 1858.[18] James Buchanan Navy's USS Water Witch Force withdrawn after six months. However, the Joint Resolution was likely used to authorize the Pancho Villa Expedition. In the Senate, "when word reached the Senate that the invasion had gone forward before the use-of- force H.J.R. 251, 38 Mexican Revolution resolution had Stat. 770 Mexico been United States April 22, 337–37 Woodrow Wilson occupation of Veracruz [19] approved, 1914 Republicans reacted angrily" saying it was a violation of the Constitution, but eventually after the action had already started, a resolution was passed after the action to "justify" it since Senators did not think it was a declaration of war.[20][21] Russian Civil War 1918[22] Woodrow Wilson https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States 5/11 12/4/2018 Declaration of war by the United States - Wikipedia Allied intervention in Commune of Estonia the Russian Civil War Far Eastern Republic Latvia Mongolian People's Party Russia Ukraine H.J. Res. 117, Public Law 85-7, Lebanese Opposition Joint Resolution U.S. forces "To promote Al-Mourabitoun Dwight D. withdrawn, Lebanon crisis of 1958 peace and 72–19 355–61 Eisenhower October 25, Lebanese Communist Party stability in the 1958 Progressive Socialist Party Middle East", March 9, 1957[23] China National United Front of Kampuchea U.S. forces Vietnam War Khmer Rouge withdrawn under terms of Khmer Rumdo Laotian Civil War Gulf of Tonkin the Paris Khmer Việt Minh Resolution, 88–2 416–0 Lyndon B. Johnson Peace August 7, 1964 Accords Cambodian Civil War North Korea signed North Vietnam January 27, 1973 Pathet Lao South Vietnam Việt Cộng S.J.Res. 159 Pub.L. 98–119 Forces Multinational Force in (http://legislink.o Shia and Druze militias; Syria 54–46 253–156 Ronald W. Reagan withdrawn in Lebanon rg/us/pl-98-119) 1984 September 29, 1983 The United Nations H.J.Res. 77 Security Persian Gulf War Iraq January 12, 52–47 250–183 George H.W. Bush Council drew 1991. up terms for the cease-fire, April 3, 1991 War in Afghanistan Afghanistan S.J. Res. 23 98–0 420–1 George W. Bush September 14, Operation Enduring Quetta Shura 2001 Freedom – Afghanistan Operation Freedom's
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