That's the problem with having undeclared wars: There is no enemy. While 65,000 men and women were killed and many thousands more injured during Vietnam, I don't think there was ever a formal declaration of any kind that made North Vietnam, or any other enemy player, an "enemy" of the United States.
Tonkin Gulf Resolution?
Gulf of Tonkin Resolution
August 10, 1964
Public Law 88-408; 78 Stat. 384JOINT RESOLUTION
To promote the maintenance of international peace and security in southeast Asia.
~Whereas naval units of the Communist regime in Vietnam, in violation of the principles of the Charter of the United Nations and of international law, have deliberately and repeatedly attacked United States naval vessels lawfully present in international waters; and have thereby created a serious threat to international peace; and
~Whereas these attacks are part of a deliberate and systematic campaign of aggression that the Communist regime in North Vietnam has been waging against its neighbors and the nations joined with them in the collective defense of their freedom; and
~Whereas the United States is assisting the peoples of southeast Asia to protect their freedom and has no territorial, military or political ambitions in that area, but desires only that these peoples should be left in peace to work out their own destinies in their own way: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress approves and supports the determination of the President, as Commander in Chief, to take all necessary measures to repel any armed attack against the forces of the United States and to prevent further aggression.
Sec. 2. The United States regards as vital to its national interest and to world peace the maintenance of international peace and security in southeast Asia. Consonant with the Constitution of the United States and the Charter of the United Nations and in accordance with its obligations under the Southeast Asia Collective Defense Treaty, the United States is, therefore, prepared, as the President determines, to take all necessary steps, including the use of armed force, to assist any member or protocol state of the Southeast Asia Collective Treaty requesting assistance in defense of its freedom.
Sec. 3. This resolution shall expire when the President shall determine that the peace and security of the area is reasonably assured by international conditions created by action of the United Nations or otherwise, except that it may be terminated earlier by concurrent resolution of the Congress.
Approved August 10, 1964.
There need not be a declared war for there to be enemies. Foreign or domestic ones.
"That's the problem with having undeclared wars: There is no enemy. While 65,000 men and women were killed and many thousands more injured during Vietnam, I don't think there was ever a formal declaration of any kind that made North Vietnam, or any other enemy player, an "enemy" of the United States."
Congress doesn't have to pass legislation that includes the phrase "We hereby declare War!"
There is no definition of what constitutes a formal declaration of war in the constitution. The constitution says that congress has the authority to declare war but doesn't say what words have to be included in the declaration.
Congress authorized wide presidential descretion in the use of force against North Vietnam, North Korea, and the more generalized enemy in the War on Terror. There were people charged with treason in all three of those examples.
Kerry's aid and comfort to the North Vietnamese regieme certainly qualifies his exclusion from serving in any US or State office.