А Ираку войну не объявляли.
Просто дали "разрешение применить военную силу" против него. Это мероприятие представляется как просто карательная операция (см. ниже).
What Congress did here was
not a declaration of war. They bascially said to the president, "You decide when we should go to war, and let us know shortly afterwards."
Five wars have been declared in American history: the War of 1812, the Mexican-American War, the Spanish-American War, World War I and World War II.
American presidents often have not sought formal declarations of war, instead maintaining that they have the constitutional authority, as commander in chief (Article Two, Section Two) to use the military for "police actions".
War Powers Clause
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United States of America
This article is part of the series:United States Constitution
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Instead of formal war declarations, the United States Congress has begun issuing authorizations of force.
GONZALES: There was not a war declaration, either in connection with Al Qaida or in Iraq. It was an authorization to use military force. I only want to clarify that, because there are implications. Obviously, when you talk about a war declaration, you're possibly talking about affecting treaties, diplomatic relations. And so there is a distinction in law and in practice. And we're not talking about a war declaration. This is an authorization only to use military force.
Declaration of war by the United States
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Franklin D. Roosevelt signs the declaration of war against Japan on December 8, 1941.
A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. For the United States, Article One, Section Eight of the Constitution says "Congress shall have power to ... declare War". However, that passage provides no specific format for what form legislation must have in order to be considered a "Declaration of War" nor does the Constitution itself use this term.
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Вот кому и когда объявлялась война за всё время:
Great Britain June 18, 1812
Mexico May 13, 1846
Spain April 25, 1898
World War I – Germany April 6, 1917
World War I – Austria-Hungary December 7, 1917
World War II – Japan December 8, 1941
World War II – Germany December 11, 1941
World War II – Italy December 11, 1941
World War II – Bulgaria June 5, 1942
World War II – Hungary June 5, 1942
World War II – Rumania June 5, 1942
И там же интересные буквы:
Powers That May Be Invoked Only By a Formal Declaration of War:
(1) Allow the Nuclear Regulatory Commission to suspend licenses relating to atomic energy, recapture special nuclear material, and operate nuclear power facilities;
(2) Allow the U.S. to seize property of the Tennessee Valley Authority for the purpose of manufacturing explosives or for other war purposes;
(3) Authorize the President to “apprehend, restrain, secure, and remove” alien enemies; and
(4) Allow electronic surveillance to obtain foreign intelligence information without a court order for 15 days after a declaration of war.
http://johnshadegg.house.gov/RSC/DeclarationofWar.PDF
Впрочем, как сказал Киссенжер: "The illegal we do immediately. The unconstitutional takes a little longer."
Henry Kissinger
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Power is the ultimate aphrodisiac.
Henry Alfred Kissinger (born Heinz Alfred Kissinger on May 27, 1923) is a German-born American diplomat, of Jewish heritage and religion. Nobel laureate and statesman. He served as National Security Advisor and later Secretary of State in the Nixon and Ford administrations.
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