Depends on how you look at it, the Congressional joint resolution that authorized military action against Japan in 1941 did use the phrase "declaring that a state of war exists" and subsequent Congressional joint resolution to authorized military action haven't, but the constitution doesn't actually require specific language.To our shame, the United States has not declared war since World War II.
Asia Resolution Public Law 88-408 (Vietnam war).
Joint Resolution to authorize the use of United States Armed Forces pursuant to United Nations Security Council Resolution 678 Public Law 102-1 (first gulf war).
Authorization for Use of Military Force Against Iraq Resolution of 2002 Public Law 107-243 (Iraq war)
None of these used "declare" or "declaring," but they all were Congressional authorizations for military action. In other words "war."
"The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."War Powers Resolution.It's true that (unlike his immediate Presidential predecessor) President Obama made no effort to obtain Congressional approval for his intended military actions.![]()
Basically applies only if the president is responding to an attack or has determined that the nation is under imminent threat. Just how does that include Libya?
