Presidential Wars With No Congressional Declarations
Under the definitions of war and co-belligerency referenced above, the United States is fighting nine known presidential wars with no congressional declarations in violation of the Declare War Clause. In none of these conflicts has Congress declared war or otherwise by statute or joint resolution made a decision to change the condition of the nation from a state of peace to war.
At present, the United States has deployed approximately 5,000 troops to Iraq to train and advise its military in its war against the Islamic State of Iraq and Syria (ISIS) or sister enemies of the Government of Iraq. We also provide substantial financial aid to Iraq in common cause to defeat ISIL. These actions make the United States at least a co-belligerent without a congressional declaration. The 2002 Authorization to Use Military Force delegated to the President the decision to become a belligerent or co-belligerent against the government of Iraq or otherwise. The United States military is operating under the laws of war in Iraq, and doing things there which would be deemed war if done in the United States by a foreign nation or entity.