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 an indeterminate number of special operations troops to Libya to conduct patrols and advise local militias in a war against ISIS. We are also supplying weapons to Libya’s fragile unity government to make common cause in its wars against ISIS and rivals for power. These actions make the United States a co-belligerent in Libya’s multiple wars without a congressional declaration. The United States military is operating under the laws of war in Libya, and doing things there which would be deemed war if done in the United States by a foreign nation or entity.