Declarations Were International Notices

Updated: 2025.09.18 1M ago 1 sources
The article argues that at the Founding, 'declare war' did not mean Congress must preauthorize hostilities. Drawing on British practice, it claims declarations primarily served as international-law notices of a conflict’s legal status, often issued after fighting began. Under this view, presidents can initiate force, while Congress retains control through funding. — This reframes war‑powers oversight away from preauthorization toward budgetary and political checks, affecting how current and future conflicts are debated and constrained.

Sources

The Long History of Presidential Discretion
John Yoo 2025.09.18 100% relevant
Yoo: British 'waged more than a dozen wars but declared war only once before fighting began' and 'Declarations served as formal notices to other sovereigns of the legal status between countries at war.'
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