The Constitution splits war between the branches on purpose. Congress may "declare War," "raise and support Armies," "provide and maintain a Navy" and fund them (powers of Congress); the President is "Commander in Chief" (a formal power). Hamilton wrote that the President's command would amount to "nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy," by which he meant the Union (Federalist No. 69).
| War | Declared |
|---|---|
| War of 1812 | 1812 (Great Britain) |
| Mexican-American War | 1846 (Mexico) |
| Spanish-American War | 1898 (Spain) |
| World War I | 1917 (Germany; Austria-Hungary) |
| World War II | 1941–1942 (Japan, Germany, Italy, Bulgaria, Hungary, Romania) |
Why it works
Since 1942 Congress has declared no wars. Korea (1950) was fought under United Nations resolutions on the President's authority; Vietnam under the Gulf of Tonkin Resolution (1964); the Gulf War (1991), Afghanistan (2001) and Iraq (2002) under authorizations for the use of military force passed by Congress. After Vietnam, Congress passed the War Powers Resolution (1973) over President Nixon's veto. It requires the President to report to Congress within 48 hours of sending forces into hostilities, and to end the action within 60 days (plus up to 30 more to withdraw safely) unless Congress declares war or authorizes it. Presidents of both parties have questioned whether it is constitutional, while usually filing the reports; Congress and scholars continue to argue over where the line between the two powers lies.
Key idea
Congress declares war and funds the military; the President commands it. Congress has declared war only eleven times in five wars. The War Powers Resolution (1973) requires notice within 48 hours and an end to action within 60 days (plus 30) without Congress's approval.
Worked example: Run the clock
A President sends forces into hostilities and reports to Congress on March 1. Congress neither declares war nor authorizes the action. About when must the action end under the War Powers Resolution?
- Sixty days after the report: about April 30.
- Up to thirty more days are allowed for safe withdrawal: about May 30.
Answer: About 60 days after the report, plus up to 30 days to withdraw.
Worked example: Declared or not?
Was the Korean War declared by Congress?
- Congress's eleven declarations end in 1942.
- Korea (1950) was fought under United Nations Security Council resolutions and the President's authority, without a declaration.
Answer: No.
Common mistake
Thinking every war was declared by Congress. Korea, Vietnam, the Gulf War, Afghanistan, Iraq and many smaller actions were fought under resolutions, treaties or the President's own authority, without a declaration. Check: the last declaration of war was in 1942.