In every instance, military action was authorized in one form or another without an official declaration of war from Congress as prescribed by Article 1, Section 8 of the Constitution. The question arises as to why the President at the time of each war did not ask Congress for an official declaration of war. For the Korean and Vietnam wars, the government was probably looking to avoid a Russian or Chinese military response and a potential World War III. One scholarly journal suggests that, “The increasing number of codified, international laws that govern belligerent conduct during warfare has made complying with the laws of war extremely costly. One way for states to limit these costs is to avoid admitting they are in a formal state of war by refraining from declaring war.” Additionally, an amendment to the Constitution could be made to allow for the newer way of entering wars. In the end, the controversy surrounding war would be significantly reduced if the government either followed the Constitution or made a few changes to the war declaring policy contained
In every instance, military action was authorized in one form or another without an official declaration of war from Congress as prescribed by Article 1, Section 8 of the Constitution. The question arises as to why the President at the time of each war did not ask Congress for an official declaration of war. For the Korean and Vietnam wars, the government was probably looking to avoid a Russian or Chinese military response and a potential World War III. One scholarly journal suggests that, “The increasing number of codified, international laws that govern belligerent conduct during warfare has made complying with the laws of war extremely costly. One way for states to limit these costs is to avoid admitting they are in a formal state of war by refraining from declaring war.” Additionally, an amendment to the Constitution could be made to allow for the newer way of entering wars. In the end, the controversy surrounding war would be significantly reduced if the government either followed the Constitution or made a few changes to the war declaring policy contained