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Notes -
On the one hand, I tend to agree with this.
On the other hand, it seems plausible that Congress would have signed off on the war, since the Senate declined to do anything about it under the War Powers Act.
On the gripping hand, the first undeclared* war waged by the United States was in 1798(!) by John Adams(!!) against the French(!!!) and the second was in 1801 by noted hawk** Thomas Jefferson against Algiers. A series of Supreme Court rulings essentially signed off on the use of military force without an explicit declaration of war, although it's important to note that Congress favored and at least to some degree authorized both actions, as I understand it.
I wonder if part of the reason Congress is so lackadaisical about using or tightening up the War Powers Act is because they are afraid the Supreme Court would rule against any really meaningful preemptive restrictions on Presidential use of military force, potentially even weakening their power to conduct oversight of executive action relative to the current status quo.
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