Sorry if this has been answered before, I tried doing a search but came up empty.
Is the U.S. at “war”, officially, technically? I assume since Congress never declared war (which is the only way, constitutionally speaking, to do it), we’re not technically at war. What then, technically, are we at? Was Bush given the power to declare war himself, or just “do what he needed to do”?
Just out of curiosity, what, specifically, were your search techniques?
Also, what do you mean by “technically?”
Look up “war” and “state of war” in any decent dictionary, and see if we are “at war.”
Yes, the US is at war. Countries don’t usually bother with formal Declarations of War anymore, and in the case of the US, such a declaration from Congress activates a number of Federal laws which would only be useful in a “total war” scenario, e.g. something similar to WWII.
And to anticipate another question, yes the U.S. and Britain are obligated to follow the Geneva Conventions whether the war is declared or undeclared.
Confrefs of These United States did not Declare War against any sovereign nation.
No. The U.S. is not at War.
President GW Bush initiated(employed/used/whatever) the War Powers Act - a broad set of powers that Congrefs yielded in 1968 and never bothered to rescind.
Yes. The U.S. is at War.
President Bush wielded/used/whatever the War Powers Act when he deployed troops to the Middle East. The party affiliation of Congrefs was irrelevant - nearly all of them “Me Too’d” Bush.
The “War Powers Act” (Public Law 93-148) is not “a broad set of powers”, nor was it passed in 1968. I challenge you to give a cite for your patently and utterly false claims. The War Powers Act was passed in 1973, specificially to limit Presidental military action. Of specific note is section 5(b):
A copy of the complete text is at:
http://www.cs.indiana.edu/statecraft/warpow.html
Every President after Carter (who signed it into law) has claimed that the act is Unconstitutional in that it restricts Presidential “Commander in Chief” status too much. Nevertheless, every president since 1973 has dutifully submitted to its provisions, all the while protesting that such submission was unnecessary.
The Act has never been put to the test, since Congress has never denied an authorization under its terms nor has any authorized use of force gone beyond the allotted 90 days (garrison and UN-authorized activity don’t count, for some reason). Technically, though, according to the War Powers Act, US forces cannot be used in hostile action outside the USA for more than 90 days (the original 60-day period plus the permitted 30-day extension) without a formal declaration of war.
There has been no formal declaration of war (the railroads have not been nationalized, for example). Bush did go to Congress for his authorization. The clock is now ticking. Unfortunately, (as I am a strict Constructionalist), I fear that Congress will not exercise its Constitutional prerogative to force a formal Declaration or get out.
There are over 200,000 US troops in Iraq, there have been 12 consecutive days of bombing, 1000 air sorties a day, 600 cruise missiles fired, and a whole bunch of military personnel and civilians killed.
I put it to you that this, technically, is a war.
No, Carter did not sign it into law. Congress overrode Nixon’s veto on November 7, 1973. Carter did not even enter office until 1977.
Presidents have generally complied with the WPR, but they have not fully complied. Out of 94 reports so far filed under the WPR, only one has cited section 4(a)(1), which starts the clock on the time limit. That one report was in 1975.
Congress authorized the deployment of our troops to multilateral peacekeeping missions in Lebanon and the Sinai. The war in Kosovo was not authorized by Congress - the Senate passed a resolution to authorize military operations by 58-41, but it failed in the House, 213-213. Lawsuits in federal courts were basically dismissed because of the ruling that individual members of Congress do not have standing to sue on issues of war powers, similar to other suits - so you’re pretty much right on the “not been tested” part.
No it is not. There is no requirement under the War Powers Act that Congress declare war. See section 2©, which lays out three situations under which the president can use military force: "(1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. "
Also see section 5(b)(1) which requires the president to withdraw troops unless Congress “has declared war or has enacted a specific authorization for such use of United States Armed Forces.”
Finally, see Public Law 107-243, which even cites section 8(a)(1) of the WPR as the source of the legitimacy for the use of force.
oops, text of PL 107-243: