President and wars?

Question

What process would a president have to go through in order to "declare war"? Does he need permission, etc?

Government class, sorry. :( My teacher didn't explain too well.

Answer 1

Since there really is no simple answer to your question, I’ll try to make this as succinct as possible.

Under the Constitution only Congress may “declare war.” That is to say, only the elected representatives of the people of the United States may authorize the use of offensive military power. The President is however duty-bound to meet force with force (defense) in the event of an attack on the US even in the absence of a Congressional authorization. Although it has never occurred, a President can be Impeached and thrown out of office should he fail to act in the defense of US national security.

A declaration of war is not a formal process but merely a legislative mandate to use the armed forces of the US against a hostile power (See, Prize Cases).  It is true that Congress declared war on Japan and Germany in WWII, but given the Japanese attack at Pearl Harbor, this was more a symbolic jesture than legal requirement. Congress has legally “declared” or “authorized” military force several times in recent history including Afghanistan and Iraq. Congress has however institute a process why which the President can use military force without Congressional authorization, that being the 1973 War Powers Act. While I maintain that this law is unconstitutional, it gives the President the power to use military force for a period not to exceed 60 days after which forces must be withdrawn or Congress must formally authorize continued engagement.

The reason the framers put this power in Congress and not the President is because of the kinds of countries from which they came. They were from places where the head of state could declare war at will and the people were powerless to prevent it. Basically one person had sole power to wage war. By placing the power in the peoples elected representatives it gave them a degree of power to mold legislative decisions. If the people were unhappy with their representatives use of authority, they could vote them out of office.

Answer 2

He would have to ask congress and they have to approve it for it be an "official" war, but he can also just send the marines to start one, but then they classify it as a "conflict".

Answer 3

in order for the president to actually declare war on a certain country which by the way hasn't happened since WWII is he has to go through Congress and ask for a declaration of war ...both parts of Congress has to vote for.