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In the United States, the power to declare war resides with Congress. Under the War Powers Resolution of 1973, the President may send forces anywhere (or immediately respond if under attack), but must inform Congress within 48 hours of initiating any military action. In addition, within 60 days, Congress must either declare war or pass an authorizing force bill. Without such a bill, those forces committed must be fully withdrawn within 30 days after the 60 day initial "grace" period.

The distinct in the US is that Congress declares war (that is, decides the political ramifications and actions of war), while the President prosecutes (i.e manages the running of) war.

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