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Declaration of War by the United States

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A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another.

The United States Declares War on Germany I THE GREAT WAR Week 141 by The Great War

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The document Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications gives an extensive listing and summary of statutes which are automatically engaged upon the US declaring war.

The Articles of Confederation - I: Becoming the United States - Extra History by Extra Credits

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For the United States, Article One, Section Eight of the Constitution says "Congress shall have power to...

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However, that passage provides no specific format for what form legislation must have in order to be considered a "declaration of war" nor does the Constitution itself use this term.

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In the courts, the United States Court of Appeals for the First Circuit, in Doe v. Bush, said: "[T]he text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war."

The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:

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in effect saying an authorization suffices for declaration and what some may view as a formal Congressional "Declaration of War" was not required by the Constitution.

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This article will use the term "formal declaration of war" to mean Congressional legislation that uses the phrase "declaration of war" in the title.

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Elsewhere, this article will use the terms "authorized by Congress", "funded by Congress" or "undeclared war" to describe other such conflicts.

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