woodpusher:
"I am reminded the United States law is found in the Constitution, Federal statutes, and Court opinions, but not in the musings of Von Clausewitz or Chairman Mao." You remind us of the proverbial man with a hammer who looks on all the world as just nails.
The truth is, there have been any number of wars never so declared by the Constitution, Federal statues or Court opinions.
Here is a listing of hundreds of US military actions, named "wars", "rebellions", "insurrections", "revolts", "removals", "riots", "terrorism" -- only a few of which were subject to official SCOTUS or Congressional definitions.
So your devotion to the legalisms of the US Supreme Court is quite touching, but I assure you, without doubt there is life, reality and truth that's not in the least effected by whatever SCOTUS may, or may not, have said about it.
woodpusher: "At the Framing, the Federalists supported ratification of the Constitution and the Anti-Federalists opposed ratification...
Your point, if you have one?"
1788 anti-Federalists joined Jefferson's anti-Administration faction which became the Jeffersonian Democratic-Republican Party, aka "Democratics".
Today's Democrats can trace their political roots back to the anti-Federalists who first opposed ratifying the 1787 Constitution, and have opposed it ever since.
In the 1860s Democrats waged war against the Constitution and continue today with slightly less violence but vastly more deviousness. ![]()
[woodpusher #423 "I am reminded the United States law is found in the Constitution, Federal statutes, and Court opinions, but not in the musings of Von Clausewitz or Chairman Mao." [BroJoeK #427] You remind us of the proverbial man with a hammer who looks on all the world as just nails.
The truth is, there have been any number of wars never so declared by the Constitution, Federal statues or Court opinions.
The truth is no war has been declared by the Constitution, Federal statute, or by a Court opinion. Congress has issued a Proclamation of a State of War, but a Proclamation is not a Statute. Once again you are babbling nonsense and have no clue what you are talking about.
In The Protector, 79 U.S. 700 (1871) we find the holding,
It is necessary, therefore, to refer to some public act of the political departments of the government to fix the dates; and, for obvious reasons, those of the executive department, which may be, and, in fact, was, at the commencement of hostilities, obliged to act during the recess of Congress, must be taken.
The start and end of war is determined by the public acts of the political departments, not the judicial department. In the Civil War, it was obvious to the Court, that the public acts of the Executive Department marked the start of the war, namely the proclamation of a blockade of April 19, 1861.
That you do not like what was obvious to the Court, signifies only that your insane prejudice blinds you from historical facts, prevents you from learning.