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carefulfungi01/03/20263 repliesview on HN

Does fact that Congress, not the President, has the power to "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water" matter? Or is the constitution not what you voted for?


Replies

mikkupikku01/03/2026

You are correct, but also it doesn't matter because the US has flaunted the constitution in precisely this way for every single war America has been in since WW2. Wars without congressional declaration are de facto legal and have been for as long as you and I have been alive.

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kaashif01/03/2026

Look I agree this whole thing is wrong, but to say this instance of regime change, unprovoked attack, war, whatever you call it is UNIQUELY unconstitutional is obviously wrong.

Every US President since the end of WW2 has waged war without a formal declaration of war from Congress. And presidents from both parties will continue to do so.

This is not to say it's right or good. But there is surely widespread agreement that it is constitutional to do things like this, and there has been for nearly a century.

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blell01/03/2026

I’m pretty sure he didn’t vote for the constitution.