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. A document by the Federation of American Scientists gives an extensive listing and summary of statutes which are automatically engaged upon the United States declaring war.[1]
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."[2] 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.
The last time the United States formally declared war, using specific terminology, on any nation was in 1942, when war was declared against Axis-aligned Hungary, Bulgaria, and Romania, because President Franklin Roosevelt thought it was improper to engage in hostilities against a country without a formal declaration of war. Since then, every American president has used military force without a declaration of war.[3]
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.
History
The United States has formally declared war against foreign nations in five separate wars, each upon prior request by the president of the United States. Four of those five declarations came after hostilities had begun.[4] 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.[5] 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.[6] 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) 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.[7]
Declarations of war
Formal
The table below lists the five wars in which the United States has formally declared war against ten foreign nations.[8] 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).
Wilson requested the declaration citing Austria-Hungary's alliance with Germany and participation in attacks on U.S. citizens, including the Austro-Hungarian Navy's complicity in submarine attacks on American shipping.[12][16]
Madison requested a declaration of war against Algiers citing attacks on U.S. shipping in the Mediterranean. Congress rejected the request for a formal war declaration but ratified legislation allowing the U.S. Navy to defend U.S. commerce.[24]
War ended 1816
Enforcing 1808 slave trade ban; naval squadron sent to African waters to apprehend illegal slave traders
Slave traders
"Act in addition to the acts prohibiting the Slave Trade", 3 Stat.532, 1819
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 resolution had been approved, 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.[28][29]
Eisenhower requested a legislation allowing U.S. economic and military assistance to the Middle East during the Cold War, including the ability to deploy the military in response to threatened Communist takeovers.[32]
Reagan announced the deployment of a small United States Marine Corps contingent of forces for peacekeeping in the Lebanese Civil War, claiming they would supervise the PLO withdrawal from Beirut and provide law enforcement, but not participate in direct combat. After Congress invoked the War Powers Resolution it and the Reagan administration negotiated a resolution allowing the marines to remain in Lebanon for 18 months.[34]
Bush successfully requested a congressional authorizing the president of the United States to use military force against "those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001" as well as governments which sheltered them such as the First Islamic Emirate of Afghanistan. It also allowed the president to use force to prevent future acts of terrorism. Since then the authorization has been invoked in conflicts in 22 countries against the original perpetrator of 9/11 al-Qaeda as well as other organizations such as Al-Shabaab, the Taliban, and the Islamic State. The authorization is also notable in that it delegated war powers related to terrorism from Congress to the president, and allowed the United States to make war against individuals and organizations in addition to sovereign states. The Supreme Court ruled in Hamdi v. Rumsfeld that the authorization enabled the president to detain individuals, including U.S. citizens, as enemy combatants, although it granted detainees to challenge this status in U.S. courts and further ruled in Hamdan v. Rumsfeld that they were protected by laws of war such as the Geneva Conventions and the Uniform Code of Military Justice.[37][38][39][40][41]
The Global War on Terror is ongoing. The War in Afghanistan (2001–2021), that was carried out by the United States under the Global War on Terror's general authorization for use of military force, came to an end on August 30, 2021 with the total withdrawal of the American Forces from Afghanistan under the terms of the Doha Peace Agreement signed on February 29, 2020. The U.S. disengagement from Afghanistan resulted in the Fall of Kabul to the Taliban on August 15, 2021 and in a broad re-establishment of the status quo ante bellum. The U.S. backed Islamic Republic of Afghanistan collapsed even before the completion of the American withdrawal, and the Taliban victory led to the restoration of the Islamic Emirate of Afghanistan.
Other U.S. military campaigns that are legally based on the Global War on Terror's general authorization for use of military force include the ongoing American-led intervention in the Syrian civil war that was initiated on September 22, 2014 under President Barack Obama's administration. In spite of a significant drawdown of U.S. ground forces in Syria at the direction of President Donald Trump in 2019, the United States retains a residual presence of about 600 military personnel in Syria, and continues to conduct airstrikes against Iranian-supported militias as of 2021.
The United States House of Representatives voted to repeal the AUMF in 2021.[42]
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.[46]
The United States' longest war, against the Taliban in Afghanistan, began in 2001 and ended with the withdrawal of American troops on 31 August 2021.[49]
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.[50]
The American Civil War was not an international conflict under the laws of war, because the Confederate States of America (CSA) was not a government that had been granted full diplomatic recognition as a sovereign nation by other sovereign states[51][52] or by the government of the United States.[53]
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[clarification needed]. 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.[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.
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.[54] 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.
^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 ResolutionArchived December 5, 2006, at the Wayback Machine
^Julius Goebel (1915). The Recognition Policy of the United States. Columbia University. pp. 172–174. The Confederate States did not constitute a new state and they were not independent, hence they were not entitled to treatment by the United States as a foreign state.