Reply #3: The Constitution requires a declaration of war by Congress [View All]

[wookie294]

Although the Congress is required by the Constitution to declare war before the president sends troops into combat, the Congress (illegally) abrogated that requirement in the 1970s when it enacted the "War Powers Resolution."

The War Powers Resolution says....

"In the absence of a declaration of war ... the president shall submit within 48 hours to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth--
(A) the circumstances necessitating the introduction of United States Armed Forces;
(B) the constitutional and legislative authority under which such introduction took place; and
(C) the estimated scope and duration of the hostilities or involvement."

So, the War Powers Resolution, passed by Congress, says that the president can start a war without congressional approval as long as he notifies Congress about the reason "why" he started the war.

http://www.policyalmanac.org/world/archive/war_powers_resolution.shtml