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  1. The declaration is a performative speech act (or the public signing of a document) by an authorized party of a national government, in order to create a state of war between two or more states . The legality of who is competent to declare war varies between nations and forms of government. In many nations, that power is given to the head of ...

    • Dave Roos
    • 3 min
    • War of 1812. Known as the “second war of independence,” the War of 1812 was America’s first military test as a sovereign nation. President James Madison angered at Great Britain’s refusal to respect America’s neutrality in the ongoing conflict between Great Britain and France, asked Congress to declare war on its former colonial overlord.
    • Mexican-American War. The Battle of Monterey, illustrated here, occurred on July 7, 1846, during the Mexican-American War. The 1846 War with Mexico started as a land dispute.
    • Spanish-American War. Spanish American War. The short-lived war between the United States and Spain began as a Cuban war for independence. American newspapers closely followed the plight of Cuban revolutionaries as they fought with Spain from 1895 to 1898, publishing sensational tales that were criticized as “yellow journalism.”
    • World War I - Germany. U.S. Entry into World War I. President Woodrow Wilson was not eager to enter World War I. Even after the 1915 sinking of the British passenger liners the Lusitania and the Arabic by German submarines, in which 131 U.S. citizens were killed, Wilson held back.
  2. Congress has declared war on 11 occasions, including its first declaration of war with Great Britain in 1812. Congress approved its last formal declaration of war during World War II. Since that time it has agreed to resolutions authorizing the use of military force and continues to shape U.S. military policy through appropriations and oversight.

    Country
    Date
    Senate Vote
    Effective Date
    1812 Jun 17, 1812
    19-13
    Jun 18, 1812
    1846 May 12, 1846
    40-2
    1898 Apr 25, 1898
    UC
    1917 Apr 4, 1917
    82-6
  3. Despite widespread consensus that the Declare War Clause limits the President’s power to initiate the use of military force, it is not obvious how that limit arises from the Constitution’s text. The most common meaning of “to declare war” is to issue a formal statement called a Declaration of War that announces the new hostile relationship.

  4. ArtI.S8.C11.3 Declarations of War. Article I, Section 8, Clause 11: [The Congress shall have Power . . . ] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; . . . In the early draft of the Constitution presented to the Convention by its Committee of Detail, Congress was empowered to make ...

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