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Originally posted by adamc3
If you had read my post you would know that war was never declared in regard to Iraq. Congress does not have to authorize deploying troops or even invading a country.
War has not been declared since WWII, by your logic the the invasion of Greenland in 1940, Korean war, Vietnam, Haiti, Bosnia and Herzegovina, and Somalia were all illegal. Which would mean FDR, Nixon,Carter, Reagan, Bush41, Clinton, and Bush42 are all criminals. Other than Nixon, I would disagree so would the Supreme Court, the ultimate interpreter of the constitution.
At the Constitutional Convention in 1787 the first draft of the Constitution gave Congress the sole power to "make" war. This was changed to "declare" war, so as not to limit the Commander in Chiefs powers. Had they wanted or intended Congressional approval for engaging in war they would have written it that way.
A state constitution at the time prohibited the Governor from "making" war without Congressional approval.
Lastly, the powers granted to the President in the War Powers Act have been held as constitutional by the Supreme Court and therefore do not violate the Constitution.