NEITHER of the Barbary Wars was declared, Congress authorized the use of force, just as they have done countless other times (including Iraq and Afghanistan.
Congress alone has the power to declare war, NOWHERE in the Consititution are they required to declare war. Nor does the Constitution require the President, as Commander-in-Chief, to seek a declaration of war. The time limits were put in by the founders so the exec branch could not use force for an unlimited time.
HUH?!
The Congress shall have Power To ...
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
(Article I, Section 8)
NOWHERE does this mention "time limits."
I have no problem with the authorization of the use of force except, it leaves the door open to get bogged down in a open ended conflict
Let's take the most recent declared war, which would be World War II. On December 8, 1941, FDR said the following:
No matter how long it may take us to overcome this premeditated invasion, the American people in their righteous might will win through to absolute victory. I believe that I interpret the will of the Congress and of the people when I assert that we will not only defend ourselves to the uttermost but will make it very certain that this form of treachery shall never again endanger us.
Hostilities exist. There is no blinking at the fact that our people, our territory, and our interests are in grave danger.
With confidence in our armed forces- with the unbounding determination of our people- we will gain the inevitable triumph- so help us God.
I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7, 1941, a state of war has existed between the United States and the Japanese Empire.
Not only did Roosevelt not talk about "time limits," he specifically said the words, "No matter how long it may take." If that isn't talking about "unlimited time" then I don't know what is.
The time limit comes under the direct income tax to fund wars. Only in times of war may they tax income directly..so they have to limit or re-authorize the direct income tax to fund the war.
All these issues are debated and have been debated throughout our history. Does the government have the authority to tax income directly? Or do they only have the authority to tax during times of war?
Do you know which undeclared war was the longest in the history of this nation? It lasted about 40 years.
I agree that the exec branch must have the power to be minutemen in national defense. We cannot rely on CONgress to make snap judgements in such matters. Yet, when this nation is attacked like in 1941 and 2001, we must nail down those CONgresscritters by making them either vote for war or against war. This way they cant weasel out of it by saying “Yes I authorized the act but didnt authorize such an action.”
Either they are for war after being attacked or are not. That is my point.