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Only the Legislative branch may declare war. Article I, Section 8 states
Congress shall have the power: To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
However the executive (presidential) branch can declare military actions and short term engagements, if they are not ratified by the legislative branch than they are not official wars.
In Presidential Power to Use the Armed Forces Abroad Without Statutory Authorization, 4A Op. O.L.C. 185, 187 (1980), it stated that
Our history is replete with instances of presidential uses of military force abroad in the absence of prior congressional approval. This pattern of presidential initiative and congressional acquiescence may be said to reflect the implicit advantage held by the executive over the legislature under our constitutional scheme in situations calling for immediate action. Thus, constitutional practice over two centuries, supported by the nature of the functions exercised and by the few legal benchmarks that exist, evidences the existence of broad constitutional power.
Military action by order of the president without declaration of war by the legislative branch has limited power in that it cannot legally take ownership of land from Another Country.
Many military actions of the past 50 years have been presidential military orders and not declared wars. The Korean Conflict, The Vietnam Conflict, even the mis labeled "Gulf War" of the 1990's was not a real war but was in fact a military action by presidential decree.
The legislative branch has not declared a war since World War 2. In which we took hostile control of enemy territory and declared ownership of that property over the enemy countries. (most of which was eventually given back)
Most people confuse military conflicts with the term war and use it interchangeably even though from a legal stand point, war is a legislative branch decision and military conflicts and actions are an executive branch (presidential) decision.
What else can I help you with?
Which branch of government approves war?
In the U.S., the legislative branch of government is responsible, and has the constitutional powers, to declare war.
Which branch of government does the constitution empower to declare punishment for treason?
The legislative branch is responsible for declaring the punishment for treason. This power is the found in Article Three of the United States Constitution.
What branch of government can declare war?
The Legislative Branch of government can declare war, or more specifically, Congress.congress.
According to the Constitution which branch of government is responsible for readmitting states that have seceded from the Union?
the Constitution does not address this question.
According to the Constitution, which branch of government is responsible for readmitting states that have seceded from the Union?
the Constitution does not address this question.
Which branch of government has the power to declare acts of the excutive branch unconstitutional?
The Judicial Branch has the power to declare the acts unconstitutional.
Which branch of government has the power to declare war against this aggressor?
The Legislative Branch (Congress) has the power to declare war.
Which branch of the government declare the actions of the executive branch to be unconstitutional?
Judicial
What branch of government declare actions of the executive branch to be unconstitutional?
Judicial
What was the role of the judicial branch in government?
Here is the correct answer:The Judicial Branch of the government is to interpret laws and decide if they follow guidelines a it is Laid out t the Constitution .The Legislative Branch make the laws, the Executive Branch is to enforce the laws.
Which branch of the government has the power to declare war?
the legislative branch
Where in the constitution does it say that the legislative branch can declare a law unconstitutional?
nowhere.
