Grok replies:
In the United States, the power to declare and prosecute war is divided between the legislative and executive branches of government, as outlined in the U.S. Constitution:
- Congress has the sole authority to declare war, as stated in Article I, Section 8, Clause 11 of the Constitution. This gives Congress the power to formally initiate a state of war with another nation. Congress also has the power to fund military operations and regulate the armed forces, which are critical for prosecuting a war.
- The President, as the Commander-in-Chief of the armed forces (Article II, Section 2), has the authority to prosecute war once it is declared or authorized by Congress. The President can direct military operations, deploy troops, and make strategic decisions to carry out the war effort. Additionally, the President can respond to immediate threats or attacks without prior congressional approval, as implied by their role in protecting national security, though sustained military action typically requires congressional authorization.
In practice, the division of powers has been debated and evolved, particularly with modern conflicts. For example:
- The War Powers Resolution of 1973 (50 U.S.C. §1541–1548) was enacted to clarify the balance of power. It requires the President to notify Congress within 48 hours of committing armed forces to military action and limits such actions to 60 days (with a 30-day withdrawal period) unless Congress authorizes further action or declares war.
- Since World War II, formal declarations of war have been rare, and Presidents have often initiated military actions under broader congressional authorizations, such as the Authorization for Use of Military Force (AUMF) passed in 2001 (Pub. L. 107-40) for actions against terrorism or the 2002 AUMF for Iraq (Pub. L. 107-243).
This framework ensures a system of checks and balances, with Congress holding the power to initiate and sustain war through declarations and funding, while the President executes military operations as the leader of the armed forces.
Sounds nice on the surface, but this take is trash, constitutionally-speaking.
The Founders were deeply wary of standing armies in peacetime. They knew that standing armies are the breeding-ground for tyranny. Caesar was just a nobody without his legions crossing the Rubicon with him. Every tyranny requires a foundation on a standing army.
It is for this reason that the Constitution makes no provision for a permanent armed force garrisoned on US soil, except for the State militias. It is implied in the Constitution (and based on American history) that the militias are our "quick reaction force" and they are comprised of non-professional soldiers[1], since the States are permitted to maintain their own militias, but prohibited from garrisoning troops except in the case of defense from an invasion (implied that the Federal government has not yet stepped in to help, a more serious problem at that time due to long communication delays). The Congress has the authority to maintain a permanent Navy and the reasoning of the Founders is clear -- a Navy, by definition, is not on domestic soil, so its permanent existence is necessarily outward-facing, which is the
only direction that armed forces ought to be facing. By contrast, the army can be funded only for two years, meaning, at the end of hostile action, there would only be two years of funding left before the army would have to be disbanded. This limitation is explicitly meant to prevent
a standing army in peacetime.
By contrast, since the end of WW2, the US has been occupied by an alien, anti-constitutional entity we now call "the Pentagon" (with clear occult symbolism) and which is nothing but a standing army in peacetime, the very instrument and breeding-ground of tyranny that the Founders sought to eliminate by the restrictions on Congressional and Presidential powers in the Constitution. And this is why we have to have an endless stream of unwinnable forever wars -- just like Orwell's 1984 -- so that the occupying MIC/Pentagon have an unending string of excuses for their standing army -- "It's not peacetime, we're at war!" But if we're at war, why doesn't Congress
declare it? And without such declaration, even if we
were at war, any Federal actions are, by definition, illegal and unconstitutional!!
[1] -- Or, if they are professionals, they are not on public payroll, they must be working for a PMC, etc.