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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
But since the end of World War II, declarations of war have become almost unknown, not only in the United States but across the world.
Peace, which is not in any way obstructed by rockets, suicide bombers, unilateral statehood bids and declarations of war, comes up against only one obstacle.
From the Washington Administration to the present, Congress and the President have enacted 11 separate formal declarations of war against foreign nations in five different wars.
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.
Kenneth Moss, a professor and chairman of the Department of National Security Studies at the Industrial College of the Armed Forces, National Defense University, tackles the vagaries of presidential and constitutional power associated with US declarations of war over the nation's history.
(There have been more declarations of war than actual wars because Congress has issued separate declarations when fighting against alliances.
Differences of opinion are not declarations of war. They are the lifeblood of true intellectual exchange.
Part I, "Breaking the Mold," identifies the complete collection of formal declarations of war in America's past (1776, 1812, 1846, 1898, 1917, and 1941).
With references from antiquity though the seventeenth century, he demonstrates convincingly that declarations of war were consistently used in international relations and that parliaments and other bodies were central in determining whether war should be initiated.
"Talk of declarations of war or of war cabinets raises temperatures.
In an edited, excerpted, and augmented version of a March 2007 report by the Congressional Research Service, Elsea (American law division) and Grimmett (foreign affairs, defense, and trade division) examine the historical background of declarations of war and authorizations for the use of force by the US government, and their legal effects under international and domestic law.

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