![handle is hein.crs/goveqtp0001 and id is 1 raw text is: The Declare War Clause, Part 7: The Cold War
and Korean War
September 30, 2024
This Legal Sidebar is the seventh part of an eight-part series that discusses the Declare War Clause in
Article I, Section 8, Clause 11 of the Constitution, which grants Congress the power To declare War,
grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water[.] The
power to take the nation to war is a central element of the Constitution's scheme of war powers, but
interpretation of the Declare War Clause is complex and evolving. This Sidebar series discusses the
Supreme Court's jurisprudence related to declarations of war by Congress and highlights interbranch
practices that illuminate the executive and legislative branches' sometimes differing interpretations of the
clause. This Sidebar examines the legal implications of Congress's postwar use of statutory
authorizations, rather than declarations of war, to provide for military action. Additional information on
Congress's war powers and the President's powers as Commander-in-Chief can be found in the
Constitution Annotated.
The Cold War, NATO, and the United Nations
The end of the Second World War brought changes in U.S. policy and practice toward declarations of war
and the exercise of military action more generally. Congress has not formally declared war since World
War II and has instead relied solely on statutory authorizations for the use of military force when
permitting the President to engage in armed conflict. The Second World War's conclusion also brought an
end to the pattern in which the United States' buildup of forces was followed by extensive demobilization
and return of troops to the homeland. After World War II, the United States permanently stationed U.S.
troops in foreign countries, assumed greater responsibility for global security, and made defense pacts and
military commitments with its allies, such as those in the North Atlantic Treaty Organization (NATO).
Concerns over Soviet expansion and global influence also led to the Cold War in which the United States
adopted a strategy to contain Soviet power around the globe.
These dynamics undermined clear distinctions between states of war and periods of peace and led to
interbranch debate over presidential power to deploy and station troops abroad. In what was called the
Great Debate, Congress engaged with the Truman Administration over whether congressional
authorization was necessary for the President to send 100,000 troops to Western Europe to demonstrate
support to NATO and counter the threat of Soviet expansion. The Senate was considering a resolution
Congressional Research Service
https://crsreports.congress.gov
LSB11236
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/goveqtp0001&div=1&collection=&method=preview&ext=.png&size=3)
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