The Resource Declarations of war and authorizations for the use of military force : historical background and legal implications, David M. Ackerman, Richard F. Grimmett

Declarations of war and authorizations for the use of military force : historical background and legal implications, David M. Ackerman, Richard F. Grimmett

Label
Declarations of war and authorizations for the use of military force : historical background and legal implications
Title
Declarations of war and authorizations for the use of military force
Title remainder
historical background and legal implications
Statement of responsibility
David M. Ackerman, Richard F. Grimmett
Creator
Contributor
Subject
Language
eng
Summary
From the Washington Administration to the present, Congress and the President have enacted eleven separate formal declarations of war against foreign nations in five different wars. Each declaration has been preceded by a presidential request either in writing or in person before a joint session of Congress. The reasons cited in justification for the requests have included armed attacks on United States territory or its citizens and threats to United States rights or interests as a sovereign nation. Congress and the President have also on a number of occasions enacted authorizations for the use of force instead of declarations of war. Most commonly, such measures have authorized the use of force against either a named country or unnamed hostile nations in a given region. In most cases the President has requested the authority, but Congress has sometimes given the President less than what he asked for. In contrast to the declarations of war, not all authorizations for the use of force have resulted in actual combat. Both declarations and authorizations require the signature of the President in order to become law. In contrast to an authorization, a declaration of war in itself creates a state of war under international law and legitimates the killing of enemy combatants, the seizure of its property, and the apprehension of enemy aliens. At one time a declaration was deemed a necessary legal prerequisite to a war and was also thought to terminate diplomatic and commercial relations and most treaties between the combatants. But in the modern era the international legal consequences of declarations have become less determinate; and in fact declarations have rarely been issued since World War II. Perhaps most important, neither a declaration nor an authorization is necessary to trigger application of the laws of war, such as the Hague and Geneva Conventions; for that fact of armed conflict is the controlling circumstance. With respect to domestic law, a declaration of war automatically brings into effect numerous standby statutory authorities conferring special powers on the President with respect to the military, foreign trade, transportation, communications, manufacturing, alien enemies, etc. In contrast, no standby authorities appear to be triggered automatically by an authorization for the use of force. Most standby authorities, however, do not require a declaration of war to be actualized but can be triggered by a declaration of national emergency or simply by the existence of a state of war. Both declarations of war and authorizations for the use of force waive the time limitations otherwise applicable to the use of force imposed by the War Powers Resolution. This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the Congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution
Member of
Cataloging source
SNM
http://library.link/vocab/creatorName
Ackerman, David M
Government publication
federal national government publication
Index
no index present
LC call number
KF5060
LC item number
.A35 2003
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
  • Grimmett, Richard F
  • Library of Congress
Series statement
Report for Congress
Series volume
RL31133
http://library.link/vocab/subjectName
  • War and emergency powers
  • War and emergency legislation
  • Executive power
  • Executive power
  • War and emergency legislation
  • War and emergency powers
  • United States
Label
Declarations of war and authorizations for the use of military force : historical background and legal implications, David M. Ackerman, Richard F. Grimmett
Instantiates
Publication
Note
  • "Updated January 14, 2003."
  • Title from title screen (viewed January 27, 2006)
Bibliography note
Includes bibliographical references and appendices
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Extent
105 pages
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
Hein Online
Other physical details
digital, PDF file.
System control number
  • (OCoLC)63177962
  • (OCoLC)ocm63177962
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader
Label
Declarations of war and authorizations for the use of military force : historical background and legal implications, David M. Ackerman, Richard F. Grimmett
Publication
Note
  • "Updated January 14, 2003."
  • Title from title screen (viewed January 27, 2006)
Bibliography note
Includes bibliographical references and appendices
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Extent
105 pages
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
Hein Online
Other physical details
digital, PDF file.
System control number
  • (OCoLC)63177962
  • (OCoLC)ocm63177962
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader

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