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.
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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