declaration of war

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DECLARATION OF WAR. An act of the national legislature, in which a state of war is declared to exist between the United States and some other nation.
     2. This power is vested in congress by the constitution, art. 1, s. 8. There is no form or ceremony necessary, except the passage of the act. A manifesto, stating the causes of the war, is usually published, but war exists as soon as the act takes effect. It was formerly usual to precede hostilities by a public declaration communicated to the enemy, and to send a herald to demand satisfaction. Potter, Antiquities of Greece, b. 3, c. 7; Dig. 49, 15, 24. But that is not the practice of modern times. In some countries, as England, the, power of declaring war is vested in the king, but he has no power to raise men or money to carry it on, which renders the right almost nugatory.
     4. The public proclamation of the government of a state, by which it declares itself to be at war with a foreign power, which is named, and which forbids all and every one to aid or assist the common enemy, is also called a declaration of war.

References in periodicals archive ?
In examining debates over the role of declarations of war in recent conflicts involving the United States, Saikrishna Prakash has proposed that there are three different approaches for understanding what declarations of war entail in the US constitution: a categorical theory that states that the authority to declare war includes the power to control all decisions to enter war, a pragmatic theory that proposes that such power may be made unnecessary by an act of war in itself against the United States, and a formalist theory that holds that the power of declaring war constitutes only a formal implementation of executive power to conduct war.
Under the "law of nations" as understood by the Founding Fathers, declarations of war are intended to put both governments and their subjects on notice of impending hostilities.
But like the other Framers of the Constitution, he insisted that the president should devote his energies to carrying out the constitutionally sound measures passed by Congress -- including declarations of war.
Differences of opinion are not declarations of war.
Talk of declarations of war or of war cabinets raises temperatures.
With a click of the mouse, knowledge-hungry players can track attack planes and ships, highlight them to learn more about the type of vehicle and its crew or play audio clips such as Roosevelt's "December 7th Day of Infamy" speech, as well as declarations of war from both Japan and Britain.
Declarations of war and authorizations for military forces.
American presidents, thanks to the UN's "peaceful" influence, now make war without congressional declarations of war -- the prerogative of a monarch, not the president of a constitutionally limited republic.

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