[extropy-chat] CRS on declaration of war and AUMFS
Terry W. Colvin
fortean1 at mindspring.com
Tue Jan 10 05:06:57 UTC 2006
CRS ON DECLARATIONS OF WAR AND AUMFS
The distinction between a formal declaration of war and an
authorization for use of military force was addressed in an
exceptionally informative report of the Congressional Research
Service in 2003.
"With respect to domestic law, a declaration of war
automatically brings into effect numerous standby statutory
authorities conferring special powers on the President with
respect to the military, foreign trade, transportation,
communications, manufacturing, alien enemies, etc."
"In contrast, no standby authorities appear to be triggered
automatically by an authorization for the use of force."
The history of both categories is delineated, including the
texts of the eleven formal declarations of war and the most
important authorizations for use of military force, along with
an itemization of the various statutes that are triggered
directly or indirectly in each case.
The 112 page CRS report is not generally available in the public
domain. A copy was obtained by Secrecy News.
See "Declarations of War and Authorizations for the Use of
Military Force: Historical Background and Legal Implications,"
updated January 14, 2003:
http://www.fas.org/sgp/crs/natsec/RL31133.pdf
--
"Only a zit on the wart on the heinie of progress." Copyright 1992, Frank Rice
Terry W. Colvin, Sierra Vista, Arizona (USA) < fortean1 at mindspring.com >
Alternate: < fortean1 at msn.com >
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