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To: angkor
"A state of war exists only under a Declaration Of War from Congress."

The Constitution gives the Congress the power to declare war. It does not stipulate the method. It does not, for example, say: Congress shall pass a "Declaration of War".

"If there's some other statute, law, or provision that defines this thing called "state of war," please cite it and I'll stand corrected."

A state of war exists whenever a country chooses to use military force to achieve it's objectives. A "Declaration of War" is not a necessary condition. For example, do you doubt that a "state of war" existed between the US and Japan, the instant the first Japanese aircraft released the first bomb over Pearl Harbor? Was this prior to the passage of a "Declaration of War"?

Just cite the portion of the Constitution that states the Congress "shall" pass a declaration of war in order for a state of war to exist.

BTW, this was resolved by the US Supreme Court in the early 1800's. Even these dodo judges admit as much in their opinion. Did you read it?
300 posted on 12/19/2003 2:42:59 PM PST by DugwayDuke
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To: DugwayDuke
The Constitution gives the Congress the power to declare war. It does not stipulate the method. It does not, for example, say: Congress shall pass a "Declaration of War".

I guess I'm mystified about the means of declaring war without a Declaration Of War (and I'm capitalizing that phrase to distinguish as a formal process, which it clearly is).

A state of war exists whenever a country chooses to use military force to achieve it's objectives.

Fine, I'll give you the benefit of doubt that this "state of war" is coupled with military force. But you could just as easily call it a "condition of war," "an environment of war," "a melieu of war," whatever. Point is, there is nothing formal in the phrase "state of war" where there is a very specific meaning to "Declaration Of War," since that is what Congress is called upon to do: declare war. And that in fact is what results" a Delaration Of War, e.g., Congressional Declaration of War on Germany, December 11, 1941.

Just cite the portion of the Constitution that states the Congress "shall" pass a declaration of war in order for a state of war to exist.

You know as well as I do that there's no such language in the Constitution, which grants Congress the power to "declare war."

Congress can recognize a "state of war," "a melieu of war," "a condition of war", or whatever they'd like to call it, because it has no specific formal meaning in law, e.g., "the state of war between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared." (Congressional Declaration of War on Germany, December 11, 1941)

BTW, this was resolved by the US Supreme Court in the early 1800's. Even these dodo judges admit as much in their opinion. Did you read it?No, and I won't, because I can't even fathom what you're arguing and the exercise would thus be pointless.

306 posted on 12/19/2003 4:10:28 PM PST by angkor
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