“This agrees with the Law of Nations, a document mentioned in Article 1, Section 8, Clause 10 of the US Constitution.”
Exactly what text are you referring to regarding the “Law of Nations”? I find no “mention” of it anywhere in Article 1 Section 8 of the Constitution.
“Declaring war would have done just that,”
What are the Constitutional boundries regarding a “declaration of war”? I have only found that a “Declaration of war” must exist. I have found no parameters or limitations on what a “Declaration of war” is.
Please give references from the US Constitution.
You would have found a great deal of information along with supporting text if you had bothered following the link provided.
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I have only found that a “Declaration of war” must exist. I have found no parameters or limitations on what a “Declaration of war” is. Please give references from the US Constitution.
For historical documentation, try Article I, Section 8, Clause 11
Here are the contemporary legal definitions
declaration
n. 1) any statement made, particularly in writing. 2) a written statement made "under penalty of perjury" and signed by the declarant, which is the modern substitute for the more cumbersome affidavit, which requires swearing to its truth before a notary public.
resolution
n. a determination of policy of a corporation by the vote of its board of directors. Legislative bodies also pass resolutions, but they are often statements of policy, belief or appreciation, and not always enactment of statutes or ordinances.
A Declaration of War is a written, sworn testimony that the undersigned parties intend, in truth, to do something. It is a legally binding affidavit.
A Resolution of Force, on the other hand, is an unsigned, unwitnessed statement. It is NOT legally binding, so it carries no force in law whatsoever. For all practical purposes, it's just somebody's opinion.