Originally posted by Hortlund
No, what Im saying is that congress authorized the President to use military force against Iraq.
Hort, you are right that Congress gave the President authorization to use US armed forces in Iraq...
BUT not with the resolution you cited. A US president would have to be even more foolish than Bush to believe that the post 9/11 resolution would give authorization to invade Iraq without being able to show cause that there was a 9/11 link. It may appear to be a carte blanche, but in the reality of US politics and law, it isn't.
The resolution to invade Iraq is
H. J. RES. 114.
Neither resolution would be considered a declaration of war in the US however. It may be splitting hairs to someone outside of US jurisprudence, however these resolutions would be considered authorization for the use of US armed forces.
The last two US declarations of war looked like this:
December 8, 1941
JOINT RESOLUTION Declaring that a state of war exists between the Imperial Government of Japan and the Government and the people of the United States and making provisions to prosecute the same.
Whereas the Imperial Government of Japan has committed unprovoked acts of war against the Government and the people of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial Government of Japan which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial Government of Japan; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States.
Approved, December 8, 1941, 4:10 p.m. E.S.T.
December 11, 1941
The War Resolution
Declaring that a state of war exists between the Government of Germany and the government and the people of the United States and making provision to prosecute the same.
Whereas the Government of Germany has formally declared war against the government and the people of the United States of America:
Therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that the state of war between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the government to carry on war against the Government of Germany; and to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States
