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 Taliban Sentinel Haqqani network Mullah Dadullah Front al-Qaeda insurgency in Yemen al-Qaeda

Yemeni Civil War 055 Brigade Al-Nusra Front Somali Civil War Khorasan group Operation Enduring al-Qaeda Emirate in Yemen Freedom – Horn of Africa Aden-Abyan Islamic Army Islamic Jihad of Yemen War in North-West al-Qaeda in the Arabian Peninsula Pakistan Ansar al-Sharia Moro conﬂict al-Qaeda in the Indian Subcontinent https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States 6/11 12/4/2018 Declaration of war by the United States - Wikipedia Operation Enduring Lashkar al-Zil Freedom – Philippines Harakat Ahrar al-Sham al- Iraqi Civil War Islamiyya Hezb-e Islami Gulbuddin Operation Inherent Islamic Jihad Union Resolve Islamic Movement of Uzbekistan Syrian Civil War Jamaat-ul-Ahrar Jundallah Operation Inherent Lashkar-e-Islam Resolve Lashkar-e-Jhangvi Second Libyan Civil War Tehreek-e-Nafaz-e-Shariat-e- Mohammadi Turkistan Islamic Party Tehrik-i-Taliban Pakistan

High Council of the Islamic Emirate Fidai Mahaz

al-Itihaad al-Islamiya Alliance for the Re-liberation of Somalia Harakat al-Shabaab Mujahedeen Hizbul Islam Islamic Courts Union Jabhatul Islamiya Mu'askar Anole Ras Kamboni Brigades

Abu Sayyaf Bangsamoro Islamic Freedom Fighters Islamic State Islamic Movement of Uzbekistan Maute group Khalifa Islamiyah Mindanao

Ba'athist Iraqi government deposed April 2003. U.S. combat operations ended August 31, 2010. War H.J. Res. 114, [24] Iraq 77–23 296–132 George W. Bush ended Iraq War March 3, 2003 December 15, 2011. Destabilization of Iraq and emergence of ISIL in the region 2011– present.[25]

Military engagements authorized by United Nations Security Council Resolutions and funded by Congress In many instances, the United States has engaged in extended military engagements that were authorized by United Nations Security Council Resolutions and funded by appropriations from Congress[26]. https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States 7/11 12/4/2018 Declaration of war by the United States - Wikipedia

Military engagement Opponent(s) Initial authorization President Result China Korean Armistice Korean War North Korea UNSCR 84, 1950 Harry S. Truman Agreement,[27] 1953 Soviet Union

UNSCR 425, 1978 Shia militias, Druze Jimmy Carter, Ronald U.S. forces withdrew Multinational Force in Lebanon militias, Syria UNSCR 426, 1978 Reagan in 1984

Persian Gulf War Iraq UNSCR 678, 1990 George H. W. Bush UNSCR 689, 1991

Reﬂagged as IFOR in UNSCR 770, 1992 1995, Reﬂagged as Bosnian War Republika Srpska UNSCR 776, 1992 Bill Clinton SFOR in 1996, UNSCR 836, 1993 Completed in 2004 U.S. forces are withdrawn in 2003 Second Liberian Civil War UNSCR 1497, 2003 after the UNMIL is established. Peacekeeping George W. Bush UNSCR 1529, 2004 Haitian coup d'état UNSCR 1542, 2004 2004

First Libyan Civil War

2011 military intervention in Libya Debellation of the Libyan Arab Libya UNSCR 1973, 2011 Barack Obama Operation Odyssey Jamahiriya, October Dawn 31, 2011 Operation Uniﬁed Protector

Other undeclared wars

Military engagement Opponent(s) President Result Great Britain

Quebec Loyalists German auxiliaries

Hesse-Kassel Hesse-Hanau Hanover American Revolutionary War None Peace of Paris Waldeck Brunswick Ansbach Anhalt-Zerbst

Native Americans[28]

Iroquois Confederacy

On at least 125 occasions, the President has acted without prior express military authorization from Congress.[29] These include instances in which the United States fought in the Philippine–American War from 1898–1903, in Nicaragua in 1927, as well as the NATO bombing campaign of Yugoslavia in 1999, and the 2017 missile strikes on Syria.

The United States' longest war was fought between 2001 and 2016 against the Taliban in Afghanistan.

https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States 8/11 12/4/2018 Declaration of war by the United States - Wikipedia The Indian Wars comprise at least 28 conflicts and engagements. These localized conflicts, with Native Americans, began with European colonists coming to North America, long before the establishment of the United States. For the purpose of this discussion, the Indian Wars are defined as conflicts with the United States of America. They begin as one front in the American Revolutionary War in 1775 and had concluded by 1918. The United States Army still maintains a campaign streamer for Pine Ridge 1890–1891 despite opposition from certain Native American groups.[30]

The American Civil War was not an international conflict under the laws of war, because the Confederate States of America was not a government that had been granted full diplomatic recognition as a sovereign nation by other sovereign states.[31][32] The CSA was recognized by the United States government as a belligerent power, a different status of recognition that authorized Confederate warships to visit non-U.S. ports. This recognition of the CSA's status as a belligerent power did not impose any duty upon the United States to recognize the sovereignty of the Confederacy, and the United States never did so.

The War Powers Resolution

In 1973, following the withdrawal of most American troops from the Vietnam War, a debate emerged about the extent of presidential power in deploying troops without a declaration of war. A compromise in the debate was reached with the War Powers Resolution. This act clearly defined how many soldiers could be deployed by the President of the United States and for how long. It also required formal reports by the President to Congress regarding the status of such deployments, and limited the total amount of time that American forces could be deployed without a formal declaration of war.

Although the constitutionality of the act has never been tested, it is usually followed, most notably during the Grenada Conflict, the Panamanian Conflict, the Somalia Conflict, the Persian Gulf War, and the Iraq War. The only exception was President Clinton's use of U.S. troops in the 78-day NATO air campaign against Yugoslavia during the Kosovo War. In all other cases, the President asserted the constitutional authority to commit troops without the necessity of Congressional approval, but in each case the President received Congressional authorization that satisfied the provisions of the War Powers Act.

On March 21, 2011, a number of lawmakers expressed concern that the decision of President Barack Obama to order the U.S. military to join in attacks of Libyan air defenses and government forces exceeded his constitutional authority because the decision to authorize the attack was made without Congressional permission.[33] Obama explained his rationale in a two-page letter, stating that as commander in chief, he had constitutional authority to authorize the strikes, which would be limited in scope and duration, and necessary to prevent a humanitarian disaster in Libya.

See also

Cold War Declaration of war by Canada Declaration of war by the United Kingdom Just War Theory Police action Timeline of United States military operations War on Terror War on Drugs

References

1. "Doe v. Bush, 03-1266, (March 13, 2003)" (https://caselaw.findlaw.com/us-1st-circuit/1171416.html). FindLaw. Retrieved 20 June 2013. 2. Cooke, Alistair, Alistair Cooke's America, Alfred A. Knopf, New York, 1973. 3. Henderson, Phillip G. (2000). The presidency then and now (https://books.google.com/books?id=Zscghb2szdAC). Rowman & Littlefield. p. 51 (https://books.google.com/books?id=Zscghb2szdAC&pg=PA51). ISBN 978-0-8476-9739-7. 4. The Debates in the Federal Convention of 1787 reported by James Madison : August 17 (https://avalon.law.yale.edu/18th_century/debates_81 7.asp),The Avalon Project, Yale Law School (http://www.law.yale.edu), retrieved Feb 13, 2008 5. "Petition for a Constitutional Amendment to Hold National Referendums on Declarations of War from Danville, Ohio" (https://catalog.archives.go v/id/24200391). The National Archives of the United States. 1938. Retrieved July 29, 2016. 6. Shindler, Michael (1 March 2018). "War Powers: Return to Congress" (https://www.realcleardefense.com/articles/2018/03/01/war_powers_retur n_them_to_congress_113136.html). RealClearDefense. RealClear Media Group. Retrieved 2 March 2018. 7. Official Declarations of War by Congress (https://www.senate.gov/pagelayout/history/h_multi_sections_and_teasers/WarDeclarationsbyCongre ss.htm) 8. BBC News, On This Day (http://news.bbc.co.uk/onthisday/hi/dates/stories/december/11/newsid_3532000/3532401.stm) 9. Whereas the Government of Germany has formally declared war against the government and the people of the United States of America... the state of war between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared. The War Resolution (http://www.law.ou.edu/ushistory/germwar.shtml) https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States 9/11 12/4/2018 Declaration of war by the United States - Wikipedia 10. United States Congress (May 13, 1846). "An Act providing for the Prosecution of the existing War between the United States and the Republic of Mexico" (https://web.archive.org/web/20060810061201/https://fas.org/sgp/crs/natsec/RL31133.pdf) (PDF). Government of the United States of America. Government of the United States of America. Archived from the original (https://fas.org/sgp/crs/natsec/RL31133.pdf) (PDF) on August 10, 2006. Retrieved August 10, 2006. 11. Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications (https://fas.org/sgp/crs/natse c/RL31133.pdf) 12. H.J.Res.169: Declaration of War with Austria-Hungary, WWI (https://www.senate.gov/artandhistory/history/common/image/HJRes169_WWI_Au stria-Hungary.htm), United States Senate 13. Key Events in the Presidency of Thomas Jefferson (http://millercenter.org/academic/americanpresident/keyevents/jefferson), Miller Center of Public Affairs (http://millercenter.org/), University of Virginia, (retrieved on August 10, 2010). 14. An Act for the Protection of the Commerce and Seamen of the United States, Against the Tripolitan Cruisers, February 6, 1802 (http://www.war power.us/1802_barbarypirates.htm) 15. Key Events in the Presidency of James Madison (http://millercenter.org/academic/americanpresident/keyevents/madison), Miller Center of Public Affairs (http://millercenter.org), University of Virginia, (retrieved on August 10, 2010). 16. An Act for the protection of the commerce of the United States against the Algerine cruisers, March 3, 1815 (http://legisworks.org/congress/13/s ession-3/chap-90.pdf) 17. Act of March 3, 1819 (https://lawfare.s3-us-west-2.amazonaws.com/staging/s3fs-public/uploads/2013/01/Act-of-March-3-1819-ch.-101-3-Stat.-5 32.pdf) 18. Expenses - Paraguay Expedition, House of Representatives, 36th Congress, 1st Session, Mis. Doc. No. 86 (May 11, 1860), p. 142 19. Joint Resolution justifying the employment by the President of the armed forces of the United States. April 22, 1914 (http://legisworks.org/sal/3 8/stats/STATUTE-38-Pg770.pdf) 20. Cyrulik, John M., A Strategic Examination of the Punitive Expedition into Mexico, 1916-1917 (http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA41 6074). Fort Leavenworth, KS, 2003. (Master's thesis) 21. Wolfensberger, Don. Congress and Woodrow Wilson's Introductory Forays into Mexico, an Introductory Essay (http://www.wilsoncenter.org/site s/default/files/ACF18F1.pdf). Congress Project Seminar On Congress and U.S. Military Interventions Abroad. Woodrow Wilson International Center for Scholars. Monday, May 17, 2004 22. A History of Russia, 7th Edition, Nichlas V. Riasanovsky & Mark D. Steinberg, Oxford University Press, 2005. 23. Congress' Approval of the Eisenhower Doctrine 1957 (https://www.shafr.org/sites/default/files/U.S.-Congress-Approval-of-the-Eisenhower-Doctr ine-1957.pdf) 24. Obama's full speech: Operation Iraqi Freedom is Over (http://www.msnbc.msn.com/id/38944049/ns/politics-white_house), MSNBC 25. Londoño, Ernesto (August 19, 2010). "Operation Iraqi Freedom ends as last combat soldiers leave Baghdad" (https://www.washingtonpost.co m/wp-dyn/content/article/2010/08/18/AR2010081805644.html). The Washington Post. 26. United Nations Participation Act, December 20, 1945 (http://avalon.law.yale.edu/20th_century/decad031.asp) Sec. 6, The Commander in Chief and United Nations Charter Article 43: A Case of Irreconcilable Differences? (https://elibrary.law.psu.edu/fac_works/245/), Rethinking War Powers: Congress, The President, and the United Nations (https://scholarship.law.georgetown.edu/facpub/1679/) 27. s:Korean Armistice Agreement 28. Onondaga, Mohawk, Cayuga, Seneca, Mi'kmaq (from 1779), Cherokee, Odawa, Muscogee, Susquehannock, Shawnee 29. The President's Constitutional Authority To Conduct Military Operations Against Terrorists and Nations Supporting Them (http://www.justice.go v/sites/default/files/olc/opinions/2001/09/31/op-olc-v025-p0188_0.pdf) 30. Army Continues to Parade Wounded Knee Battle Streamer (http://www.ncai.org/ncai/resource/documents/governance/wounkneeban.htm), National Congress of American Indians (http://www.ncai.org). 31. "Preventing Diplomatic Recognition of the Confederacy, 1861–1865" (https://web.archive.org/web/20130828005906/http://history.state.gov/mile stones/1861-1865/Confederacy). U.S. Department of State. Archived from the original (https://history.state.gov/milestones/1861-1865/Confeder acy) on August 28, 2013. 32. McPherson, James M. (2007). This Mighty Scourge: Perspectives on the Civil War (https://books.google.com/?id=bJEINL6bakYC&pg=PA65&lp g=PA65&dq=confederacy+recognition). Oxford University Press US. p. 65. ISBN 978-0-19-531366-6. 33. Obama Attacked for No Congressional Consent on Libya (https://www.nytimes.com/2011/03/22/world/africa/22powers.html?partner=rss&emc=r ss), New York Times (https://www.nytimes.com).