Attack Iran? Ask Congress to Declare War | Doug Bandow | Cato Institute: Commentary: 'Declarations of war have gone out of fashion. The last one was 70 years ago, in response to the Japanese attack on Pearl Harbor. Nevertheless, less formal authorizations of force are common. While not quite the same, Congress still voted on war with Iraq. And President George W. Bush did not deny that he was fighting a war. In contrast, President Obama channeled George Orwell in claiming the absence of hostilities in Libya as U.S. drones, missiles, and planes destroyed military materiel and killed military personnel.'
'the Founders gave Congress several important war-making powers, including raising an army, approving military expenditures, ratifying treaties, setting rules of war, and issuing letters of marquee. Moreover, the legislative branch was to decide whether there would be a war for the president to fight.'
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