[Boot Hill]

Q:   Where in the constitution do you find a requirement for the President to seek a declaration of war from Congress prior to going to war?

A:   ???

Regards, Boot Hill

[Roscoe]

"These cases settled the issue whether a state of war could exist without formal declaration by Congress. When hostile action is taken against the Nation, or against its citizens or commerce, the appropriate response by order of the President may be resort to force."

http://supreme.lp.findlaw.com/constitution/article01/41.html#5

[exodus]

To: exodus
Q: Where in the constitution do you find a requirement for the President to seek a declaration of war from Congress prior to going to war?
Regards, Boot Hill
# 263 by Boot Hill

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There is no requirement for the President to seek permission from Congress to go to war.

Article 1, Section 8, Clause 11 says that the power to declare war belongs to Congress.

The power to declare war is a Legislative power.

It is not an Executive power.