[extropy-chat] CRS on declaration of war and AUMFS

Terry W. Colvin fortean1 at mindspring.com
Tue Jan 10 05:06:57 UTC 2006


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:


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Terry W. Colvin, Sierra Vista, Arizona (USA) < fortean1 at mindspring.com >
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