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This is nonsense.
The congress and president have done this since before the Barbary Wars.
It’s been approved by the authors and ratifiers of the constitution and there is no higher authority.
Of course there’s no telling what the Supreme Court will do.
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I’d be more interested in knowing if they can force Congress to pay for it up front.
1) Any declaration of war should only be closed with a peace treaty. If there is no one left to sign a peace treaty, leave the state of war open, just in case they pop up again.
2) You can only declare war against a nation-state. Quasi-rebel terrorists don’t count when they’re in the sovereign territory of a nation. Feel free to declare war against that nation if you wish, see #1.
3) Do not go in to lose. No lawyers embedded in your troops, no ‘rules of engagement’ which might cause a soldier to hesitate in the field of battle. You don’t want soldiers wandering through that place, don’t declare states of war. See #2.
4) Foreign terrorists who target Americans have zero rights, never will have any rights, and may be destroyed by any means necessary. Traitors serving with foreign terrorists may optionally, at the president’s discretion, be granted a trial if captured peacefully or if the traitor turns themselves in. Any confusion, please see piracy.
Does anyone else remember it this way?
I sure don't.