Enactment of War and the Use of Military Force: Background and Legal Implications (Government Procedures and Operations)

by Craig Perez

ISBN: 9781634829878

Published: 2015-08

Article I, Section 8, of the Constitution vests in Congress the power "to declare War." Pursuant to that power, Congress has enacted 11 declarations of war during the course of American history relating to five different wars, the most recent being those that were adopted during World War II. In addition, Congress has adopted a number of authorizations for the use of military force, the most recent being the joint resolution enacted on October 16, 2002, authorizing the use of military force against Iraq. To buttress the nations ability to prosecute a war or armed conflict, Congress has also enacted numerous statutes which confer standby authority on the President or the executive branch and are activated by the enactment of a declaration of war, the existence of a state of war, or the promulgation of a declaration of national emergency. This book examines a number of topics related to declarations of war and authorizations for the use of military force by the United States. It...