Congress and War

Factual Questions
1

Does Congress have to declare an end to a war for it to be over?
If so, has Congress ended all the wars it has declared?

Does Congress increase any of its powers during war?

2

  1. Congress has the sole Constitutional authority to declare war. (Article I., Section 8.) There is no Constitutional requirement for Congress to declare a war is over. In fact, the Constitution is moot on this point.

  2. Moot point. See above.

  3. Read the Constitution for yourself. The delegated powers for each Branch are listed. No Branch can “increase” their Constitutional authority short of a Constitutional Amendment. However, since perception is the key, each Branch seeks to “increase” its delegated power by by changing the People’s perception of the Constitution.

3

Technically I think the Korean War is still on. We never signed a peace treaty for that war.

4

Well, we never declared war either. Most wars are ended by some sort of treaty, which would then have to be approved by Congress.

5

Was a treaty approved by Congress to end World War II?

6

The Master speaks: Is U.S. income tax invalid because Ohio wasn’t legally a state when the 16th amendment was ratified?

7

piffle - that was supposed to go to the tax protestor thread - sorry.

8

Wars have ended in a variety of ways.

Gulf War I: subject to debate, but the use of force resolution passed by Congress, by some readings, implied that the use of force would expire when UNSC Resolutions 660, et seq., had acheived implementation (more or less, Iraq kicked out of Kuwait).

Vietnam War: Tonkin Gulf Resolution passed in 1964. Repealed by the passage of Public Law 91-672, 1/12/71.

Korean War: Never authorized.

World War II against Japan: Declaration of war passed 12/8/41. Ended by peace treaty, which entered into force on 4/28/52.

WWII against Germany: War declared 12/11/41. No peace treaty signed. Terminated by HJ Res 289, passed 10/19/51.

WWII against Italy: War declared 12/11/41, peace treaty entered into force 9/15/47.

(I’m going to skip Bulgaria, Hungary, and Romania - all peace treaties)

WWI against Germany - Declared 4/6/17. Peace treaty rejected by the Senate, so terminated by an act of Congress on 7/2/21, and recognized by a Treaty on Establishment of Friendly Relations, 11/11/21.)