A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. A document by the Federation of American Scientists gives an extensive listing and summary of statutes which are automatically engaged upon the United States' declaring war.
For the United States, Article One, Section Eight of the Constitution says "Congress shall have power to ... declare War." However, that passage provides no specific format for what form legislation must have in order to be considered a "declaration of war" nor does the Constitution itself use this term. In the courts, the United States Court of Appeals for the First Circuit, in Doe v. Bush, said: "[T]he text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war," in effect saying that an authorization suffices for declaration and that what some may view as a formal congressional "Declaration of War" was not required by the Constitution.
The last time the United States formally declared war, using specific terminology, on any nation was on , when war was declared against Axis-aligned Hungary, Bulgaria, and Romania, because President Franklin D. Roosevelt thought it was improper to engage in hostilities against a country without a formal declaration of war. Yet, since then, every American president has used military force without a declaration of war. However, Alexander Hamilton observed in Federalist No.25 that formal declarations of war were already falling into disuse by 1787.
This article will use the term "formal declaration of war" to mean congressional legislation that uses the phrase "declaration of war" in the title. Elsewhere, this article will use the terms "authorized by Congress," "funded by Congress" or "undeclared war" to describe other such conflicts.
History
The United States has formally declared war against foreign nations in five separate wars, each upon prior request by the president of the United States. Four of those five declarations came after hostilities had begun. James Madison reported that in the Federal Convention of 1787, the phrase "make war" was changed to "declare war" in order to leave to the executive the power to repel sudden attacks but not to commence war without the explicit approval of Congress.The Debates in the Federal Convention of 1787 reported by James Madison : August 17, The Avalon Project, Yale Law School, retrieved Feb 13, 2008 Debate continues as to the legal extent of the president's authority in this regard.
Public opposition to American involvement in foreign wars, particularly during the 1930s, was expressed as support for a Constitutional Amendment that would require a national referendum on a declaration of war. Several constitutional amendments, such as the Ludlow Amendment, have been proposed that would require a national referendum on a declaration of war.
After Congress repealed the Gulf of Tonkin Resolution in January 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed the War Powers Resolution () over the veto of Nixon in an attempt to rein in some of the president's claimed powers. The War Powers Resolution prescribes the only power of the president to wage war which is recognized by Congress.
Declarations of war
The United States has formally declared war in five separate conflicts, issuing declarations against ten different foreign nations. The only country to have been the subject of multiple U.S. war declarations is Germany, which the United States formally declared war against twice, once in World War I and again in World War II. A case could also be made for Hungary, as it was a successor state to Austria-Hungary, against which the U.S. declared war in World War I.
Formal declarations of war
Under the United States Constitution, Congress holds the sole authority to issue formal war declarations. Since the nation's founding, Congress has exercised this power on a limited number of occasions.
The first formal declaration occurred on June 18, 1812, when the United States declared war against the United Kingdom, citing British impressment of American sailors and violations of U.S. neutrality during the Napoleonic Wars. This conflict, known as the War of 1812, concluded with the Treaty of Ghent in 1814.
On May 13, 1846, Congress declared war on Mexico at the request of President James K. Polk, following territorial disputes and military clashes in Texas. The Mexican–American War resulted in the Treaty of Guadalupe Hidalgo (1848), which expanded U.S. territory to include present-day California, Arizona, and other southwestern states.
The Spanish–American War marked another instance of a formal declaration of war. The conflict was precipitated by the sinking of the USS Maine in Havana Harbor and growing tensions over Spanish colonial rule in Cuba. The war ended later that year with the Treaty of Paris (1898), which granted the United States control over former Spanish territories, including Puerto Rico, Guam, and the Philippines.
During World War I, the United States declared war on Germany on April 6, 1917, citing unrestricted submarine warfare and the Zimmermann telegram, in which Germany attempted to persuade Mexico to join the war against the United States. Later that year, on December 7, 1917, Congress also declared war on Austria–Hungary, a German ally. The conflict formally ended for the United States with the signing of separate peace treaties with Germany, Austria, and Hungary in 1921.
World War II saw the most formal war declarations by the United States. Following the attack on Pearl Harbor on December 7, 1941, Congress declared war on Japan the next day, with near-unanimous approval. In response, Nazi Germany and Italy, led by Adolf Hitler and Benito Mussolini, declared war on the United States on December 11, prompting reciprocal declarations by Congress against both nations. In 1942, the United States further declared war on Bulgaria, Hungary, and Romania, all Axis-aligned nations. The war concluded in 1945 with the unconditional surrender of Germany and Japan, followed by formal peace treaties in the years after.
Each of these declarations was issued through a Congressional resolution, signed into law by the president, signifying the commencement of hostilities under the authority of the U.S. government. Since World War II, the United States has engaged in numerous military conflicts, but none have been accompanied by a formal declaration of war. Instead, Congress has authorized the use of military force through resolutions, such as those in Korea, Vietnam, and the war on terror, including conflicts in Afghanistan and Iraq.
War Opponent Declaration Date Votes President Result Senate House War of 1812 United Kingdom United States declaration of war on the United Kingdom June 17, 1812 19–13 79–49 James Madison Treaty of Ghent Mexican–American War Mexico United States declaration of war on Mexico May 13, 1846 40–2 174–14 James K. Polk Treaty of Guadalupe Hidalgo Spanish–American War Spain United States declaration of war on Spain April 25, 1898 90–0 311–6 William McKinley Treaty of Paris (1898) World War I Germany United States declaration of war on Germany (1917) April 6, 1917 82–6 373–50 Woodrow Wilson U.S.–German Peace Treaty (1921) Austria-Hungary United States declaration of war on Austria-Hungary December 7, 1917 74–0 350–1 U.S.–Austrian Peace Treaty (1921) World War II Japan United States declaration of war on Japan December 8, 1941 82–0 388–1 Franklin D. Roosevelt Treaty of San Francisco Germany United States declaration of war on Germany (1941) December 11, 1941 88–0 393–0 German Instrument of Surrender Italy United States declaration of war on Italy 90–0 399–0 Treaty of Paris (1947) Bulgaria United States declaration of war on Bulgaria June 5, 1942 73–0 357–0 Treaties of Paris (1947) Hungary United States declaration of war on Hungary 360–0 Treaties of Paris (1947) Romania United States declaration of war on Romania 361–0 Treaties of Paris (1947)
Undeclared wars
Military engagements authorized by Congress In other instances, the United States has engaged in extended military combat that was authorized by Congress.
War or conflict Opponent(s) Initial authorization Votes President Details of Authorization Result Senate House Quasi-War France An Act further to protect the commerce of the United StatesJuly 9, 179818–4Voice vote John AdamsAdams requested legislation allowing the United States Navy to defend American shipping after repeated attacks by the French Navy during the French Revolutionary Wars. Treaty of Mortefontaine First Barbary War Morocco Tripolitania "An Act for the Protection of the Commerce and Seamen of the United States, Against the Tripolitan Cruisers", , February 6, 1802Key Events in the Presidency of Thomas Jefferson , Miller Center of Public Affairs, University of Virginia, (retrieved on August 10, 2010). Thomas JeffersonPresident Jefferson requested legislation allowing the U. S. Navy to defend shipping in the Mediterranean Sea from Tripolitanian vessels. War ended 1805 Second Barbary War Algiers "An Act for the protection of the commerce of the United States against the Algerine cruisers", , May 10, 1815Key Events in the Presidency of James Madison , Miller Center of Public Affairs, University of Virginia, (retrieved on August 10, 2010). James MadisonMadison requested a declaration of war against Algiers citing attacks on U.S. shipping in the Mediterranean. Congress rejected the request for a formal war declaration but ratified legislation allowing the U.S. Navy to defend U.S. commerce. War ended 1816 Enforcing 1808 slave trade ban; naval squadron sent to African waters to apprehend illegal slave traders Slave traders "Act in addition to the acts prohibiting the Slave Trade", , 1819 James Monroe1822 first African-American settlement founded in Liberia, 1823 U.S. Navy stops anti-trafficking patrolsSuppression of PiracyPirates1819The United States Congress passed legislation allowing the United States Navy to suppress piracy in response to the rise in piracy in Latin America and the Caribbean after the Spanish American wars of independence, which was later permanently codified as Title 33 of the United States Code. Redress for attack on U.S. Navy's 1858Expenses – Paraguay Expedition, House of Representatives, 36th Congress, 1st Session, Mis. Doc. No. 86 (May 11, 1860), p. 142 James Buchanan Mexican Revolution United States occupation of Veracruz H.J.R. 251, 38 Stat. 770April 22, 1914 337–37 Woodrow Wilson Force withdrawn after six months. However, the Joint Resolution was likely used to authorize the Pancho Villa Expedition. In the Senate, "when word reached the Senate that the invasion had gone forward before the use-of-force resolution had been approved, Republicans reacted angrily" saying it was a violation of the Constitution, but eventually after the action had already started, a resolution was passed after the action to "justify" it since Senators did not think it was a declaration of war.Cyrulik, John M., A Strategic Examination of the Punitive Expedition into Mexico, 1916–1917. Fort Leavenworth, KS, 2003. (Master's thesis)Wolfensberger, Don. Congress and Woodrow Wilson's Introductory Forays into Mexico, an Introductory Essay. Congress Project Seminar On Congress and U.S. Military Interventions Abroad. Woodrow Wilson International Center for Scholars. Monday, May 17, 2004 Russian Civil War Allied intervention in the Russian Civil War Commune of Estonia Far Eastern Republic Latvia Mongolian People's Party Russia Ukraine 1918A History of Russia, 7th Edition, Nichlas V. Riasanovsky & Mark D. Steinberg, Oxford University Press, 2005. Lebanon crisis of 1958 Lebanese Opposition Al-Mourabitoun Lebanese Communist Party