That is pretty much what I am saying. I could have worded a few things better. My point was congress does have the power to declare war without an actual physical attack occuring against our nation. Those situations would be extreme economic conditions to the point that it threatens our ability to maintain a common defense. That point may have some gray areas as it is neared. Congress in the end decides when it has been crossed.O-Trap;930234 wrote:That's fair, but the action still needs to be "for the common defense" and not "for the economic convenience" or "for the spread of a style of government." I agree with you, though.
As for the current wars I have always argued that we should have went with an official declaration of war. Like a declaring a state of emergency, a declared state of war allow the government to conduct itself outside of the rules of due process we hold under the constitution in dealing with the declare enemy. I would also note (although in my opinion politically weak and not the language I believe the framers intended) when congress declares that the president has their authority to attack a nation militarily knowing damn well he will use force, is a de facto declaration of war.
Now that said we have not had the results we had the most stellar results in these "de facto wars" yet clear victory in "formally declared wars." Words do have meaning. A formall declaration of war is a very solemn event when you listen to FDR's declaration of war speech to congress it literaly send a shiver up your spine.