War Powers: The Difference Between a Declaration of War and an AUMF

An Authorization to Use Military Force (AUMF) is not the same as a declaration of war. An AUMF is the Congress abdicating its power and allowing the president to usurp it. More importantly, it allows the president to start a war. The declaration of war power does not allow Congress to start a war. It… ...

An Authorization to Use Military Force (AUMF) is not the same as a declaration of war. An AUMF is the Congress abdicating its power and allowing the president to usurp it. More importantly, it allows the president to start a war.

The declaration of war power does not allow Congress to start a war. It allows Congress, consistent with the non-aggression principle, to declare a state of war exists. This interpretation is supported by 100% of the previous declarations of war by Congress. For example:

When James Polk asked Congress to declare war on Mexico in 1846, he said,

“But now, after reiterated menaces, Mexico has passed the boundary of the United States, has invaded our territory and shed American blood upon the American soil. She has proclaimed that hostilities have commenced, and that the two nations are now at war.

As war exists, and, notwithstanding all our efforts to avoid it, exists by the act of Mexico herself, we are called upon by every consideration of duty and patriotism to vindicate with decision the honor, the rights, and the interests of our country. . . .

In further vindication of our rights and defense of our territory, I invoke the prompt action of Congress to recognize the existence of the war, and to place at the disposition of the Executive the means of prosecuting the war with vigor, and thus hastening the restoration of peace.” [emphasis added]

After reviewing Polk’s request, Congress issued the following declaration of war,

“Whereas, by the act of the Republic of Mexico, a state of war exists between that Government and the United States: Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, That for the purpose of enabling the government of the United States to prosecute said war to a speedy and successful termination…”

Note the emphasized words. The state of war already exists because of the act of the Republic of Mexico.

This blog is an excerpt of the 2011 post, What’s So Important About a Declaration of War? and is reposted here with permission of the author.

Tom Mullen

Tom Mullen

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? and  A Return to Common  Sense: Reawakening Liberty in the Inhabitants of America.  His writing has been featured at The Washington Times, The Huffington Post, The Daily Caller, 321 Gold! and Peter Schiff’s EuroPac.net. Tom has been a guest on Fox’s Freedom Watch with Judge Andrew Napolitano, Adam Vs. the Man, Free Talk Live, and numerous other  programs.

In 2007, Tom released his first solo CD, A Glimpse of the Ether,  containing 13 original compositions.  Tom’s style has been  described as “Powerpop with a hint of modern rock.”

Tom is originally a native of Buffalo, NY and graduate of Canisius  College.  He earned a Master’s Degree in English from State  University of New York College at Buffalo.  He now resides with  his family in Royalton, NY.  For more information, visit Tom’s website at www.tommullen.net.

Tom Mullen

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