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It's well-established that Congress need not issue a formal declaration of war in order to authorize the President to use military force. Others here can probab
by twoodfin 13y ago
It's well-established that Congress need not issue a formal declaration of war in order to authorize the President to use military force. Others here can probably speak better to why our Constitutional order evolved this way. My speculation has always been that many century-old laws are tangled up with special cases for times of formally declared war that are not suited to the era but too much trouble to excise.
- Zigurd 13y agoSome would say that the lack of a formal structure of declaration of war, capitulation, occupation, and restoration of government is exactly what's been getting us in trouble and is a demonstration of what happens outside the bounds of legitimacy.