CRS on Declarations of War and AUMFS

(Via fas.org/Secrecy News)

The distinction between a formal declaration of war and an
authorization for use of military force was addressed in an
exceptionally informative report of the Congressional Research
Service in 2003.

"With respect to domestic law, a declaration of war automatically
brings into effect numerous standby statutory authorities
conferring special powers on the President with respect to the
military, foreign trade, transportation, communications,
manufacturing, alien enemies, etc."

"In contrast, no standby authorities appear to be triggered
automatically by an authorization for the use of force."

The history of both categories is delineated, including the texts of
the eleven formal declarations of war and the most important
authorizations for use of military force, along with an itemization
of the various statutes that are triggered directly or indirectly
in each case.

The 112 page CRS report is not generally available in the public
domain.

See "Declarations of War and Authorizations for the Use of Military" updated
January 14, 2003: