>> “But the US hasn’t been in a declared state of war since 1945”
You’re wrong. Nowhere does the Constitution require the magic words “declaration of war”. All that is required is Congressional authorization. An “Authorization for Military Action” or “Authorization for the use of force” will suffice as a declaration of war for Constitutional purposes.
- The Vietnam War was declared by “The Gulf of Tonkin Resolution”. Passed both Houses, near unanimous. Was eventually repealed, though.
- The Gulf War was declared by “The Authorization for Use of Force Against Iraq Resolution of 1991”. Passed both houses.
- The War on Terrorism and Afghan War was declared in the “Authorization for use of Military Force Against Terrorists”. Passed both houses, near unanimous.
- The Iraq War was declared by the “Authorization for the use of Military Force Against Iraq Resolution of 2002”. Passed both houses.
There have been several Congressionally declared wars since 1945.
SnakeDoc
The Korean War was authorized by a UN resolution—so much for Congress. As for a formal declaration of war being required, we’ll just have to agree to disagree on that. IMO, Congress is happy not to use its power (preogative, actually) to declare war; this way, if things go south, the POTUS gets most of the blame. Just another example of how cowardly and degenerate Congress as an institution has become post-1945.