When is war declared

Wilson's request to Congress for a declaration of war against Germany on April 2, , stated that war had been "thrust upon the United States" by Germany's actions. Congress passed a joint resolution declaring war which the President signed on April 6, Wilson delayed requesting a war declaration against Austria-Hungary until December 4, He did so then because that state, a German ally in the war, had become an active instrument of Germany against the United States.

Congress quickly passed a joint resolution declaring war which the President signed on December 7, President Franklin D. Roosevelt requested a declaration of war against Japan on December 8, , because of direct military attacks by that nation against U. The House and the Senate passed the requested declaration and the President signed it into law that same day.

After Germany and Italy each declared war on the United States on December 11, , President Roosevelt asked Congress to respond in kind by recognizing that a state of war existed between the United States and those two nations. Congress passed separate joint resolutions declaring war on both nations which the President signed on December 11, Congress passed separate joint resolutions declaring war on each of these nations.

The President signed these resolutions on June 5, There is a striking similarity of language in the eight declarations of war passed by the Congress in the 20 th century. They all declare that a "state of war" exists between the United States and the other nation.

With the one exception of the declaration of war against Austria-Hungary on December 7, , the other seven declarations characterize the state of war as having been "thrust upon the United States" by the other nation.

All eight of these 20 th century declarations of war state in identical language that the President is. The complete texts of the 11 declarations of war are set forth in Appendix A. Table 1. Declarations Of War. Madison asked June 1, House passed on June 4, Senate passed on June 17, President signed on June 18, Act of June18, , ch.

Terminated by Treaty of Ghent, which entered into force on February 17, Polk asked May 11, House passed on May 11, Senate passed on May 12, President signed on May 13, Act of May 13, , ch.

Terminated by Treaty of Guadalupe Hidalgo, which entered into force on May 30, McKinley asked April 25, Senate and House passed on April 25, , by voice votes. McKinley signed on April 25, Act of April 25, , ch. The bill made the war date retroactive to April 21, Terminated by Treaty of Paris, which entered into force on April 11, Wilson asked April 2, Senate passed on April 4, House passed on April 6, President signed on April 6, Act of April 6, , ch.

Terminated by Act of July 2, , ch. Formally recognized by the Treaty on Establishment of Friendly Relations, which entered into force November 11, Wilson asked December 4, House passed on December 7, Senate passed on December 7, President signed on December 7, Act of December 7, , ch. Formally recognized by the Treaty on Establishment of Friendly Relations with Austria, which entered into force November 8, 42 Stat.

Roosevelt asked December 8, Senate passed on December 8, House passed on December 8, President signed on December 8, Act of December 8, , ch. Terminated by Treaty of Peace with Japan, which entered into force April 28, Roosevelt asked December 11, Senate passed on December 11, House passed on December 11, President signed on December 11, Act of December 11, , ch. Terminated by Act of October 19, , ch. Terminated by Treaty of Peace with Italy, which entered into force September 15, Roosevelt asked June 2, House passed on June 3, Senate passed on June 4, President signed on June 5, Act of June 5, , ch.

Terminated by Treaty of Peace with Bulgaria, which entered into force September 15, Terminated by Treaty of Peace with Hungary, which entered into force September 15, Terminated by Treaty of Peace with Rumania, which entered into force September 15, From the Administration of President John Adams to the present, there have been various instances when legislation has been enacted authorizing the use of military force by the President instead of formally declaring war.

In most cases such legislation has been preceded by a specific request by the President for such authority. During the Presidencies of John Adams and Thomas Jefferson, these Chief Executives noted in messages to Congress that congressional authorizations for use of force would be appropriate to enable the United States to protect its interests from predatory actions by foreign powers, in particular attacks on U.

Congress responded with specific authorizations for the use of force under the President's direction in against France and in against Tripoli. In President James Madison formally requested that Congress declare war against the Regency of Algiers in response to its attacks on U. Congress responded with an act authorizing the President to utilize U. In the period following World War II, Presidential requests for authority to use military force, when made, have usually been for broad authority to use U.

More recently, due to an expansive interpretation of the President's constitutional authority as Commander-in-Chief of the Armed Forces and of his inherent powers to use force without congressional authorization, the President has welcomed support from the Congress in the form of legislation authorizing him to utilize U.

What follows is a brief overview of key legislative authorizations of the use of military force by the President from the Administration of John Adams to the present. The United States during the s had remained neutral in the conflict in Europe between France and Great Britain and had only begun to develop a Navy. During the Administration of President John Adams, relations with France deteriorated as American commercial ships were frequently seized by French naval vessels.

In response, in his message to Congress on May 16, , President Adams argued that it would be prudent for the Congress to enact legislation that would address the actions of the French by authorizing, among other things, the use of U. President Adams reiterated, in a message of March 19, , his view of the necessity for congressional action on his recommendations for the adoption of measures to protect American seafaring citizens and commerce.

Congress subsequently responded to the President's recommendations by passing legislation "more effectually to protect the Commerce and Coasts of the United States" authorizing the President to instruct commanders of U. Navy warships to "subdue, seize and take any armed French vessel which shall be found within the jurisdictional limits of the United States, or elsewhere, on the high seas Navy vessels, subject to instructions given by the President.

President Thomas Jefferson, in response to attacks on U. Navy forces to protect U. Navy "to subdue, seize and make prize of all vessels, goods and effects belonging to the Bey of Tripoli, or his subjects President James Madison, after the conclusion of a peace treaty with Great Britain ending the War of , sought authority to use the U.

Navy to take action against vessels of the ruler and Regency of Algeria that had been seizing U. Due to acts of "overt and direct warfare against the citizens of the United States," President Madison, on February 23, , recommended that Congress declare the "existence of a state of war between the United States and the Dey and Regency of Algiers. Navy, "as judged requisite by the President" to protect the "commerce and seamen" of the United States on the "Atlantic Ocean, the Mediterranean and adjoining seas.

Navy to seize "all vessels, goods and effects belonging to the Dey of Algiers, or to his subjects During the years after the War of , there was a notable increase in the number of attacks on U. Some of this was stimulated by the chaotic conditions attendant to the struggles for independence by South American colonies of Spain. Pirates attacked not only Spanish vessels in the region, but vessels of other nations generally. In response to calls for action against these predatory attacks on their vessels, American shippers petitioned Congress for action to protect them from pirates.

In response, on March 3, , legislation was enacted "to protect the commerce of the United States, and punish the crime of piracy. The legislation also authorized U. The legislation further established penalties for those that engaged in piracy.

This statute was subsequently made permanent law on January 30, It has been amended, but the current text, found in Title 33 of the United States Code , contains substantially the same language as was enacted in March of In a message to Congress on January 24, , President Dwight Eisenhower, detailed a series of "provocative political and military actions" by the Chinese Communist government that he believed established a "pattern of aggressive purpose.

Such a resolution would "make clear the unified and serious intentions of our Government, our Congress and our people. In response to the President's request, Congress passed legislation on January 29, , that authorized the President to "employ the Armed Forces of the United States as he deems necessary for the specific purpose of securing and protecting Formosa, and the Pescadores against armed attack Eisenhower requested congressional support for a program of military and economic cooperation with nations in the general area of the Middle East to "deal with the possibility of Communist aggression, direct or indirect" against nations in that region.

As one component of this military and economic assistance program, President Eisenhower sought authority to employ the "armed forces of the United States to secure and protect the territorial integrity and political independence of such nations, requesting such aid, against overt armed aggression from any nation controlled by International Communism.

In response, Congress passed legislation, enacted on March 9, , that, among other things, authorized the President "to undertake, in the general area of the Middle East, military assistance programs with any nation or group of nations of that area desiring such assistance.

The joint resolution further provided that it would expire when the President determined that the "peace and security of the nations in the general area of the Middle East" was "reasonably assured" or should Congress terminate it earlier by passage of a concurrent resolution.

In the early s the United States had been providing military assistance and support to the government of South Vietnam. Over time tensions, associated with the U. On August 2, , a U. Maddox, while in international waters off the coast of North Vietnam the Gulf of Tonkin was attacked by North Vietnamese torpedo boats. The attack was repulsed.

The State Department protested to the North Vietnamese government and noted that grave consequences would follow additional offensive actions against U. Subsequently, on August 4, further attacks by North Vietnamese vessels against U. President Lyndon Johnson responded on August 4 by sending U.

After meeting with congressional leaders, President Johnson on August 5, , formally requested a resolution of Congress that would "express the support of the Congress for all necessary action to protect our armed forces and to assist nations covered by the SEATO Treaty. Congress responded to President Johnson's request by passing a joint resolution to "promote the maintenance of international peace and security in southeast Asia.

When the forces began to land on August 25, President Reagan reported this action to Congress but did not cite Section 4 a 1 of the War Powers Resolution, 26 and said the agreement with Lebanon ruled out any combat responsibilities. After overseeing the departure of the Palestine Liberation Organization force, the U. Marines in the first Multinational Force left Lebanon on September 10, The second dispatch of Marines to Lebanon began on September 20, President Reagan announced that the United States, France, and Italy had agreed to form a new multinational force to return to Lebanon for a limited period of time to help maintain order until the lawful authorities in Lebanon could discharge those duties.

The action followed three events that took place after the withdrawal of the first group of U. Marines: the assassination of Lebanon President-elect Bashir Gemayel, the entry of Israeli forces into West Beirut, and the massacre of Palestinian civilians by Lebanese Christian militiamen. On September 29, , President Reagan submitted a report to Congress that 1, Marines had begun to arrive in Beirut, but again he did not cite Section 4 a 1 , of the War Powers Resolution, stating that the American force would not engage in combat.

As a result of incidents in which U. Marines were killed or wounded, there was controversy in Congress on whether the President's report should have been filed under Section 4 a 1.

In mid Congress passed the Lebanon Emergency Assistance Act of requiring statutory authorization for any substantial expansion in the number or role of U. Armed Forces in Lebanon. It also included a section that stated:. Nothing in this section is intended to modify, limit, or suspend any of the standards and procedures prescribed by the War Powers Resolution of President Reagan reported on the Lebanon situation again on August 30, , still not citing Section 4 a 1 , after fighting broke out between various factions in Lebanon and two Marines were killed.

The level of fighting heightened; and as the Marine casualties increased and the action enlarged, there were more calls in Congress for invocation of the War Powers Resolution. Several Members of Congress said the situation had changed since the President's first report and introduced legislation that took various approaches. Senator Charles Mathias introduced S. Representative Thomas Downey introduced H.

Senator Robert Byrd introduced S. A similar amendment was later rejected by the full body, but it reminded the Administration of possible congressional actions. On September 20, , congressional leaders and President Reagan agreed on a compromise resolution invoking Section 4 a 1 of the War Powers Resolution and authorizing the Marines to remain for 18 months. The Multinational Force in Lebanon Resolution became the first legislation to be handled under the expedited procedures of the War Powers Resolution.

On September 28 the House passed H. On September 29 the Senate passed S. The House accepted the Senate bill by a vote of to later the same day. The President signed the joint resolution into law on October 12, As passed, the joint resolution contained four occurrences that would terminate the authorization before eighteen months: 1 the withdrawal of all foreign forces from Lebanon, unless the President certified continued U.

Congress also determined in the joint resolution that the requirements of Section 4 a 1 of the War Powers Resolution became operative on August 29, In a statement made on signing S.

He sharply differed, however, with various "findings, determinations, and assertions" by the Congress on certain matters.

Chronicling America: Historic American Newspapers. July 28, Austria-Hungary declares war on Serbia. August 1, Germany declares War on Russia. August 3, Germany declares war on France. August 4, Britain declares war on Germany. August 6, Austria declares war on Russia. Today marks an important anniversary in American history: the congressional declaration of war on Japan on December 8, But since then, Congress has rarely used its constitutional power formally issue a war declaration.

Congress approved a resolution declaring war with Japan on that fateful day, and the Senate unanimously voted for the resolution, Other people disagree with this view, because there is no universal agreement as to how far sovereign states have surrendered to the UN their authority to wage war. From a strictly legal point of view UN member states actually have given up their right to wage war, since they are bound by Article 2. The idea of the UN as the final authority is very legalistic since in practice the actual power to do things such as wage war remains with individual states or more usually alliances of states rather than with the United Nations.

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