Most people are aware of the historical significance of Dec 7, 1941 – “Pearl Harbor Day” – but few are aware of the importance of the day after. On today’s Good Morning liberty, host Michael Boldin (follow) discusses the Constitution and war powers.

On Dec. 8, 1941 Congress declared war (Public Law 77-328, 55 STAT 795) on the Empire of Japan in response to that country’s surprise attack on Pearl Harbor the prior day. It was formulated an hour after the Infamy Speech of FDR. Although the U.S. has been involved in many wars since then, World War II was the last time Congress declared war as required by the Constitution (a 2nd declaration was passed on June 5, 1942 against Bulgaria, Hungary, and Romania).

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SHOW LINKS:
Reference Guide: The Constitution and War Powers

War Powers Clause

Under the Constitution: Limited Strikes Qualify as War

The Constitution and the Powers of War

Obama’s Plan for Syria Airstrikes is Unconstitutional

Declaration of War on Japan

2001 AUMF (pdf)

US Senate: Official Declarations of War by Congress

Unconstitutional: The War Powers Resolution of 1973

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Michael Boldin