Congress Q&A: Declaration of war (Congress.org)

A very well done, current, even handed analysis of the debate and background about the War Powers Resolution vis-s-vis Declaration of War. No advocacy one way or the other, just analysis.
Author is a long time legislative analyst / journalist. ~ pinto


Congress Q&A: Declaration of war
By Frances Symes

"Why haven't presidents made a formal declaration of war since World War II?" — Arnold Silva, Melrose, MA

Recent U.S. military involvement in Libya has brought fresh attention to this question.

There is no simple answer to why presidents no longer make formal declarations. Most of the reasons why declarations have ceased to be used reflect the complications of modern military action and the dramatic changes in the international landscape since World War II.

An official declaration of war has consequences under both international and domestic law. According to the Congressional Research Service, a declaration was once deemed a necessary legal prerequisite to a war and was thought to terminate diplomatic, commercial relations, and most treaties between combatants. A declaration of war automatically triggers special powers for the president with respect to the military, foreign trade, transportation, manufacturing and other important areas of domestic law.

Thus, some have argued that there have been few military conflicts post-World War II that have met the criteria of warranting such a full-blown state of war.

http://www.congress.org/news/2011/03/25/congress_qa_declaration_of_war