It is quite apparent that President Bush requested the approval of Congress prior to hostilities and it was granted. There seems to even be a confusion of the legal status of a Joint Congressional Resolution, as they were used in the process of such important acts as the admission of Texas to the Union and the annexation of Hawaii. In fact some declarations of war have been called Joint Resolutions.
Compare the wording of these various Declarations, and the recent Joint Resolution for the use of force after 911:
DECLARATION OF WAR WITH SPAIN
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, First. That war be, and the same is hereby, declared to exist, and that war has existed since the 21st day of April, A. D. 1898, including said day, between the United States of America and the Kingdom of Spain.
Second. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States and to call into the actual service of the United States the militia of the several States to such extent as may be necessary to carry this act into effect.
Approved, April 25, 1898.
DECLARATION OF WAR WITH GERMANY IN WWI
WHEREAS, The Imperial German Government has committed repeated acts of war against the Government and the people of the United States of America; therefore, be it
Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial German Government, which has thus been thrust upon the United States, is hereby formally declared; and
That the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial German Government; and to bring the conflict to a successful termination all the resources of the country are hereby pledged by the Congress of the United States.
AUTHORIZATION OF FORCE AGAINST TERRORISM
To authorize the use of United States armed forces against those responsible for the recent attacks launched against the United States.
WHEREAS, on Sept. 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and
WHEREAS, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad, and
WHEREAS, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence, and
WHEREAS, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States,
WHEREAS the president has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States.
RESOLVED by the Senate and the House of Representatives of the United States of America in Congress assembled,
Section 1. Short Title
This joint resolution may be cited as the “Authorization for Use of Military Force”
Section 2. Authorization for Use of United States Armed Forces
(a) That the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
(b) War Powers Resolution Requirements
(1) Specific Statutory Authorization — Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) Applicability of Other Requirements — Nothing in this resolution supersedes any requirement of the War Powers Resolution.
Did anyone ever think that maybe the reason we didn't declare against Afghanistan as a nation was to prevent all Afghans from rallying against a common enemy?