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A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. The document (Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications ) gives an extensive listing and summary of statutes which are automatically engaged upon the US declaring war. For the United States, Article One, Section Eight of the Constitution says "Congress shall have power to ... declare War". However, that passage provides no specific format for what form legislation must have in order to be considered a "declaration of war" nor does the Constitution itself use this term. Many have postulated "Declaration(s) of War" must contain that phrase as or within the title. Others oppose that reasoning. In the courts, the United States Court of Appeals for the First Circuit, in ''Doe v. Bush'', said: "()he text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war."〔(【引用サイトリンク】url=http://caselaw.findlaw.com/us-1st-circuit/1171416.html )〕 in effect saying an authorization suffices for declaration and what some may view as a formal Congressional "Declaration of War" was not required by the Constitution. This article will use the term "formal declaration of war" to mean Congressional legislation that uses the phrase "declaration of war" in the title. Elsewhere, this article will use the terms "authorized by Congress", "funded by Congress" or "undeclared war" to describe other such conflicts. ==History== The United States has formally declared war against foreign nations five separate times, each upon prior request by the President of the United States. Four of those five declarations came after hostilities had begun. James Madison reported that in the Federal Convention of 1787, the phrase "make war" was changed to "declare war" in order to leave to the Executive the power to repel sudden attacks but not to commence war without the explicit approval of Congress.〔''(The Debates in the Federal Convention of 1787 reported by James Madison : August 17 )'',The Avalon Project, (Yale Law School ), retrieved Feb 13, 2008〕 Debate continues as to the legal extent of the President's authority in this regard. After Congress repealed the Gulf of Tonkin Resolution in January 1971 and President Richard Nixon continued to wage war in Vietnam, Congress passed the War Powers Resolution () over the veto of Nixon in an attempt to rein in some of the president's claimed powers. The War Powers Resolution proscribes the only power of the president to wage war which is recognized by Congress. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Declaration of war by the United States」の詳細全文を読む スポンサード リンク
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