America's War History: The Constitution's Context

The United States Constitution was created in 1787, a few years after the American Revolutionary War. The Constitution was drafted by delegates at the Constitutional Convention in Philadelphia, who were tasked with revising the existing government under the Articles of Confederation, which had been established in 1781 after the Revolution. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, could not regulate commerce, and could not effectively support a war effort. Disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart, leading to concerns that the country was on the brink of collapse. The Constitution aimed to address these issues by creating a powerful central government with the ability to regulate commerce, conduct foreign relations, and support a war effort.

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The US Constitution and war powers

The US Constitution was signed on September 17, 1787, a few years after the Revolutionary War. The Constitution grants Congress the sole power to formally declare war. However, the Declare War Clause does not specify the format of such a declaration, and the President may use their powers as Commander-in-Chief to deploy troops in situations that do not amount to war.

Since the Constitution was enacted, Congress has formally declared war on 11 occasions, including against the United Kingdom in 1812, Mexico in 1846, and Spain in 1898. The last formal declaration of war was during World War II. Since then, Congress has authorised the use of military force through resolutions and appropriations.

The War Powers Resolution of 1973 requires the President to notify Congress within 48 hours of committing troops to military action and to withdraw them within 60 days without congressional authorisation. This was enacted due to the commitment of US troops to Southeast Asia without Congressional approval by the Kennedy, Johnson, and Nixon Administrations. The Resolution has been invoked multiple times, including during the Multinational Force in Lebanon in 1982 and the 1991 Gulf War.

Despite the War Powers Resolution, Presidents have bypassed Congress and engaged in military actions without formal declarations of war on at least 125 occasions. These include the Philippine-American War from 1898 to 1903, the NATO bombing of Yugoslavia in 1999, and the missile strikes on Syria in 2018. The extent of the President's power to initiate military force without Congressional approval remains a contested issue.

The Articles of Confederation

The United States Constitution, which was signed on September 17, 1787, established a powerful central government and outlined the rights and responsibilities of citizens. However, it was not the first constitution of the United States. The Articles of Confederation, America's first constitution, was adopted just a few years after the Revolutionary War.

Fearing that the country was on the brink of collapse, key figures such as James Madison, Alexander Hamilton, and George Washington, helped convince Congress to organize a Grand Convention of state delegates to revise the Articles of Confederation. This Constitutional Convention assembled in Philadelphia in May 1787, resulting in the creation of a new constitution that established a stronger central government and addressed the shortcomings of the Articles of Confederation.

The Revolutionary War

The United States Constitution was signed on September 17, 1787, by 38 delegates, with a total of 39 signatures, as George Reed signed on behalf of John Dickinson of Delaware, who was absent. The Constitution was drafted a few years after the Revolutionary War, which ended in 1783 with the Treaty of Paris. The war was fought between the American colonists and Great Britain, resulting in the independence of the thirteen American colonies.

During the war, the American colonies, with the support of foreign allies like France and Spain, fought against the British military. The Continental Army, led by General George Washington, faced numerous challenges but ultimately emerged victorious. Significant battles included the Battle of Saratoga in 1777, where the Americans scored a decisive victory, and the Battle of Yorktown in 1781, which proved to be the last major battle of the war.

The Treaty of Paris, signed on September 3, 1783, officially ended the Revolutionary War and recognized the independence of the thirteen American colonies, which became the United States of America. The treaty established the boundaries of the new nation and granted the United States significant territorial rights, including land east of the Mississippi River and fishing rights off the coast of Canada.

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The Declaration of War

The United States Constitution grants Congress the sole power to issue formal declarations of war. This is stated in Article I, Section 8, which says that "Congress shall have power to... declare war". However, the Constitution does not specify the format that legislation must take to be considered a "declaration of war".

The US has formally declared war on five separate occasions, issuing declarations against ten different nations. Congress has declared war eleven times in total, with the first declaration being made against Great Britain in 1812, citing British impressment of American sailors and violations of US neutrality during the Napoleonic Wars. This conflict, known as the War of 1812, ended in 1814 with the Treaty of Ghent.

On May 13, 1846, Congress declared war on Mexico at the request of President James K. Polk, following territorial disputes and military clashes in Texas. The Mexican-American War resulted in the Treaty of Guadalupe Hidalgo in 1848, which expanded US territory to include present-day California, Arizona, and other southwestern states.

The Spanish-American War was another instance of a formal declaration of war. The US also declared war on Germany, Italy, Japan, Bulgaria, Hungary, and Romania during World War II, the last time Congress approved a formal declaration of war.

Since then, Congress has agreed to resolutions authorising the use of military force and continues to shape US military policy through appropriations and oversight. For example, Congress passed the Gulf of Tonkin Resolution in 1964, which led to the Vietnam War, and the Authorization for Use of Military Force in 2001, which resulted in military actions in Afghanistan.

While Congress has the sole power to declare war, the President is the commander-in-chief of the armed forces and can order military engagements without a declaration of war. This has occurred on at least 125 occasions, including the Philippine-American War from 1898 to 1903, the NATO bombing campaign of Yugoslavia in 1999, and the 2018 missile strikes on Syria.

The War Powers Resolution

The United States Constitution was signed on September 17, 1787, after the Revolutionary War. The Constitution grants Congress the sole power to declare war.

The resolution requires the President to notify Congress within 48 hours of committing US armed forces to military action and prohibits armed forces from remaining in conflict for more than 60 days without prior congressional approval. It also requires the President to routinely consult with Congress for the duration of the conflict. Since the War Powers Resolution, sitting Presidents have submitted over 130 reports to Congress.

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