Earlier quoted context omitted.
I grant that funding for the War on Terror has taken place. But I also don't think that a real, formal declaration of war has been approved. So, is the USA at war or not? I suspect (but I'm only 52% certain) that we're not at war. The follow-on questions (after "are we at war or not?"): In what state are we? What are the legal ramifications of this half-at-war-state? Why hasn't the US Congress declared war since WW2?…
There is no requirement, either under the Constitution or under laws of war, for any sort of formal declaration. And, there as an "authorization of military force" against al Qaeda and the Taliban. There certainly isn't some magic I DECLARE WAR requirement. > Why hasn't the US Congress declared war since WW2? Is there some consequence to declaring war or not declaring war that they're trying to avoid? Its an outdated…
How do you mean "outdated concept"? Are there no more wars? Are their no different legal penalties or obligations during war any more? Because I'm told that the USA has been in wars since 2001 at least. What are the consequences to me, and to my government of outdating an official declaration of war?