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 is a co-belligerent with a Saudi-led military coalition fighting Houthi forces that previously ousted the Government of Yemen. The United States military is refueling coalition aircraft and supplying it with bombs and targeting intelligence. Senator Chris Murphy (D. Conn.) recently stated on NPR: “The U.S. is at war in Yemen today, there’s no doubt about it.” Congress has never declared the United States a co---belligerent in Yemen. The United States military is operating under the laws of war in Yemen, and doing things there which would be deemed war if done in the United States by a foreign nation or entity.