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USA already has a policy of pre-emptive strikes if the country is threatened by such a nuclear attack, but now it is clear that President Barack Obama gives the authority to conduct cyber variant of this principle. If a country or a group is about to attack U.S. computers or networks, the U.S. could attack even if it is not declared war.
Originally posted by Spookycolt
reply to post by Britguy
Are you implying that they are going to carry out cyber warfare without a reason?
I doubt if they are just sitting around being bored and decide to just attack a country for the heck of it.
Originally posted by Spookycolt
Many historians, myself included, believe that the right of Congress to declare war is really nothing more then a statement of fact.
I don't think anyone expects Congress to have the ability to make decisions as a group about who we are going to fight. If they disagree with the President they have the right to end it by cutting off funding but the decision to go rests with the President. He has access to the information and intelligence.
As for the main point of this post I would have to say I agree with it. If you know an attack is coming why not hit them first? Would you really have not tried to stop the Japanese before they hit Pearl Harbor if you knew they were coming?
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
Source (Emphasis Added is mine)
Conceptually, the War Powers Resolution can be broken down into several distinct parts. The first part states the policy behind the law, namely to "insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities," and that the President's powers as Commander in Chief are exercised only pursuant to a declaration of war, specific statutory authorization from Congress, or a national emergency created by an attack upon the United States (50 USC Sec. 1541).
The second part requires the President to consult with Congress before introducing U.S. armed forces into hostilities or situations where hostilities are imminent, and to continue such consultations as long as U.S. armed forces remain in such situations (50 USC Sec. 1542). The third part sets forth reporting requirements that the President must comply with any time he introduces U.S. armed forces into existing or imminent hostilities (50 USC Sec. 1543); section 1543(a)(1) is particularly significant because it can trigger a 60 day time limit on the use of U.S. forces under section 1544(b).