by Plantagenet » Sun 17 Apr 2016, 20:23:27
$this->bbcode_second_pass_quote('jedrider', '&')quot;In the US war is declared by the Congress, not the President."
Difference between 'de jure' and 'de facto'.
No, actually its the difference between constitutional and unconstitutional, i.e. legal and illegal.
Under the U.S. Constitution the power to declare war is given to the Congress. Thats why Roosevelt, for instance, went to Congress the day after the Pearl Harbor attacks by Japan and asked the Congress to declare war against Japan. Similarly Bush went to Congress after the 9/11 attacks and got Congressional approval to wage war against Iraq, and then later got a separate vote from Congress authorizing the war in Iraq (FYI thats the infamous vote where Hillary voted to authorize the war in Iraq).
After the VietNam war disaster the Congress in 1973 passed a resolution to assert Congressional power over war-making and to set limits on what a President like Lyndon Johnson can do on his own to take the US to war. The Congress thought it was important to limit presidential power to unilaterally take the US into a war after the VietNam war ended with 500,000 US combat casualties. Under the 1973 "War Powers Act" the president is empowered to respond instantly to threats to US national security, but even in those cases the War Powers act requires the president to go to Congress for approval after 48 hours, and forbids US forces to engage in military action more than 30 days without Congressional voting to declare war or voting to authorize the war under the war powers act.
Under the constitution and the 1973 War Powers Act, President Obama's wars in Libya and Syria are clearly illegal and unconstitutional. Obama has never gone to congress for authorization for either war and Congress has never voted to authorize either war. Of course Obama is a D, so no one seems to care if he wages illegal wars. Back when President Lyndon Johnson (D) took the US into Viet Nam the Ds were some of his harshest critics---but these days the Ds just passively roll over when Obama unilaterally takes the US to war. Basically Obama has thrown the Constitution and the War Powers Act into the trash, and shown that, much as happened in Viet Nam, the President in the 21st century can ignore the constitution and take the US into war whenever he wants, with no Congressional vote needed.

Cheers!
War Powers Act