>From: Samantha Atkins <samantha@objectent.com>
>Has the US actually made a formal declaration of war?
Yes, and no. We have declared "war" on terrorism. It is not a "formal"
declaration of war, simply because it is not technically a formal war. A
formal war is armed conflict between sovereign nations. Terrorism is not,
obviously, a sovereign nation.
>Is such
>necessary for us to actually be "in a state of war" and most
>importantly, for wartime rules and powers to apply?
Depends on what you mean by "state of war." Technically the President
cannot declare war without the "advice and consent" of Congress. However
the executive has fairly broad emergency power to engage the military in the
interests of national security, even without a formal declaration of war.
>If such a
>declaration is necessary and if it has not been made then why does
>anyone take seriously the claim of wartime powers and special privileges?
Because there is no practical difference between the president's "war time
powers" and the power he has to address national security emergencies short
of formal declaration of war.
>If such a formal declaration is needed does it need to be against some
>nation or other?
Yes.
-Zero
"I'm a seeker too. But my dreams aren't like yours. I can't help thinking
that somewhere in the universe there has to be something better than man.
Has to be." -- George Taylor _Planet of the Apes_ (1968)
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This archive was generated by hypermail 2b30 : Fri Oct 12 2001 - 14:40:54 MDT