4 ms·

Well, "recognized as" hardly amounts to a declaration of war. Congress did authorize use of military force though, but technically only against Tripoli, not Alg

• dragonwriter 13y ago
  > Well, "recognized as" hardly amounts to a declaration of war. Congress has the power to declare war, but (a) that power doesn't require any particular language, and any authorization of military action, as contained in the various statutes Congress adopted after the Tripoli declared war, can have the effect of a declaration of war (and a declaration of war may be limited or conditional), and (b) Congressional declaration of war is sufficient to create war, but not necessary; an enemy declaring, or initiating without declaring, war is also sufficient to create war. See, among other cases, Bas v. Tingy, 4 U.S. 37 (1800); The Prize Cases, 67 U.S. 635 (1862); The Protector, 79 U.S. 700 (1871).