Declaration of war by the United States: Wikis

  
  

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Franklin D. Roosevelt signs the declaration of war against Japan on December 8, 1941.

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. 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. Many have postulated "Declaration(s) of War" must contain that phrase as or within the title. Others oppose that reasoning. The postulate has not been tested in court. This article will use the term "formal Declaration of War" to mean Congressional legislation that uses the phrase "Declaration of War" in the title.

The United States has formally declared war against foreign nations five separate times, each upon prior request by the President of the United States. 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.[1] Debate continues as to the legal extent of the President's authority in this regard.

After Congress repealed the Gulf of Tonkin Resolution in January of 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed the War Powers Resolution (Pub.L. 93-148) over the veto of Nixon in an attempt to reign in some of the president's claimed powers. Today, Congress recognizes no claimed power of the president to wage war outside of the War Powers Resolution.

Contents

Declarations of war

Formal

In the United States, only the U.S. Congress may declare war.

The table below lists the only five wars in which the United States has formally declared war against foreign nations. 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 the previous day, Germany and Italy, led by Hitler and Mussolini, declared war on America, and the U.S. Congress responded in kind.[2][3]

War or conflict Opponent(s) Initial authorization Votes President Conclusion
Senate House
War of 1812 United Kingdom United Kingdom June 18, 1812 19-13 79-49 Madison Treaty of Ghent (December 24, 1814)
Mexican-American War  Mexico May 13, 1846 40-2 173-14 Polk Treaty of Guadalupe Hidalgo (February 2, 1848)
Spanish-American War  Spain April 25, 1898 42-35 310-6 McKinley Treaty of Paris (December 10, 1898)
World War I  Germany April 6, 1917 82-6 373-50 Wilson Treaty of Berlin (August 25, 1921)
 Austria-Hungary December 7, 1917 74-0 365-1 Treaty of Trianon (in part)
World War II  Japan December 8, 1941 82-0 388-1 Roosevelt,
Truman
V-J Day, Japanese Instrument of Surrender (September 2, 1945), Treaty of San Francisco (September 8, 1951)
 Germany December 11, 1941 88-0 393-0 V-E Day, Unconditional German Surrender, (May 8, 1945), Treaty on the Final Settlement with Respect to Germany (September 12, 1990), Treaty of Vienna with Austria (May 15, 1955)
 Italy 90-0 399-0 Paris Peace Treaty (February 10, 1947)
 Bulgaria June 5, 1942 73-0 357-0
 Hungary 360-0
 Romania 361-0

Military engagements authorized by Congress

In other instances, the United States has engaged in extended military combat that were authorized by Congress, but short of a formal declaration of war.

War or conflict Opponent(s) Initial authorization Votes President Conclusion
Senate House
Quasi-War  France Act Further to Protect the Commerce of the United States
July 9, 1798
John Adams Convention of 1800 (Treaty of Mortefontaine)
First Barbary War Barbary pirates 1801 Thomas Jefferson 1805
Second Barbary War Barbary pirates 1815 James Madison 1816
enforcing 1808 slave trade ban; naval squadron sent to African waters to apprehend illegal slave traders slave traders (pirates) "Act in addition to the acts prohibiting the Slave Trade" 1819 James Monroe 1822 first African-American settlement founded in Liberia, 1823 US Navy stops anti-trafficing raids
Redress for attack on U.S. Navy vessel  Paraguay 1859[citation needed] James Buchanan
Intervention during the Russian Civil War  Russia 1918[citation needed] Woodrow Wilson
Lebanon crisis of 1958  Lebanese Rebels 1958[citation needed] Dwight D. Eisenhower
Vietnam War FNL Flag.svg Viet Cong
 North Vietnam
Gulf of Tonkin Resolution, August 7, 1964 88-2 416-0 John F. Kennedy

Lyndon B. Johnson Richard Nixon

American Force withdrew in 1975.
Multinational Force in Lebanon Shia and Druze miltias; Syria S.J.R. 159
September 29, 1983
54-46 253-156 Ronald Reagan Force withdrew in 1984
Gulf War, also known as Operation Desert Storm  Iraq H.R.J. Res. 77
January 12, 1991
52-47 250-183 George H. W. Bush The United Nations Security Council drew up terms for the cease-fire, April 3, 1991
2001 war in Afghanistan, also known as Operation Enduring Freedom  Afghanistan
Flag of al-Qaeda in Iraq.svg al-Qaeda
S.J. Res. 23
September 14, 2001
98-0 420-1 George W. Bush

Barack Obama

Ongoing
Iraq War, also known as Operation Iraqi Freedom  Iraq H.J. Res. 114,
October 16, 2002
77-23 296-133 Ongoing

Military engagements authorized by United Nations Security Council Resolutions

In many instances, the United States has engaged in extended military engagements that were authorized by United Nations Security Council Resolutions.

Military Engagement Opponent(s) Initial Authorization President Conclusion
Korean War  North Korea

 People's Republic of China

UNSCR 84, 1950 Harry S. Truman Armistice, 1953
Multinational Force in Lebanon Shia militia,

Druze miltia, Syria

UNSCR 425, 1978

UNSCR 426, 1978

Jimmy Carter

Ronald Reagan

US forces withdrew in 1984
Gulf War,

also known as Operation Desert Storm

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

also known as UNPROFOR

 Croatia
 Serbia
UNSCR 770, 1992

UNSCR 776, 1992 UNSCR 836, 1993

Bill Clinton Reflagged as IFOR in 1995,

Reflagged as SFOR in 1996, Completed in 2004

2001 war in Afghanistan,

also known as Operation Enduring Freedom

 Afghanistan
Flag of al-Qaeda in Iraq.svg al-Qaeda
UNSCR 1368, 2001

UNSCR 1378, 2001

George W. Bush

Barack Obama

Ongoing
Second Liberian Civil War Peacekeeping UNSCR 1497, 2003 George W. Bush US Forces withdraw in 2003 after UNMIL is established
Haiti,

also known as MINUSTAH

Peacekeeping UNSCR 1529, 2004

UNSCR 1542, 2004

George W. Bush 2004

Other undeclared wars

On at least 125 occasions, the President has acted without prior express military authorization from Congress.[4] These include instances in which the United States fought in Korea in 1950, the Philippine-American War from 1898-1903, and in Nicaragua in 1927.

The United States' longest war was fought between approximately 1840 and 1886 against the Apache Nation. During that entire 46-year period, there were never more than 90 days of "peace."

The Indian Wars comprise at least 28 conflicts and engagements. These began with Europeans immigration 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 are generally agreed upon as concluding with the surrender of the Apache chief Geronimo in 1886.

The American Civil War was not a true war in the sense that the Union Government held the position that secession from the Union was illegal and military force was used to restore the union by defeating in battle the military forces of the illegally rebelling states. No Southern ambassador or diplomat was accorded any status by the Union so an armistice or peace treaty was never an option because that would legitimize the Confederacy as an actual Nation. The legal right for armed force lay with the Constitution of the United States, which the Union interpreted as unbreakable. The actions of the Southern states were therefore illegal (according to the Union) because they were attempting to drop the Union as their form of Government, which is considered rebellion or insurrection.

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 employed 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 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 Serbia during the Kosovo War.[citation needed] 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.

See also

References

  1. ^ The Debates in the Federal Convention of 1787 reported by James Madison : August 17,The Avalon Project, Yale Law School, retrieved 13 Feb 2008
  2. ^ BBC News, On This Day
  3. ^ 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
  4. ^ THE PRESIDENT'S CONSTITUTIONAL AUTHORITY TO CONDUCT MILITARY OPERATIONS AGAINST TERRORISTS AND NATIONS SUPPORTING THEM

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