All Questions
Tagged with constitution armed-conflict
9 questions
13
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1
answer
4k
views
Are the strikes against Yemen ordered by President Biden unconstitutional?
The U.S. and British forces have launched a massive retaliatory strike against the Iranian-backed Houthis in Yemen (1/12/2024). The military response by the U.S. and U.K. comes after a series of drone ...
- 1,844
2
votes
1
answer
318
views
Is there a formal notion of a declaration of war in the Ukrainian constitution?
In Feb 2022, president Zelensky declared martial law and general mobilization. Is there a more formal declaration of [state of] war he (or the Rada) could have issued, according to the Ukrainian ...
6
votes
1
answer
548
views
Who has the power to surrender in a war in the US?
Congress has the power to declare war and the president signs the declaration (or vetos) as well. Who has the power to surrender in a war? Would congress have to vote to surrender?
- 4,391
0
votes
4
answers
809
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What is the Constitutional precedent for military aid?
Is there any Constitutional precedent for the claim that it is or is not within the rights or duties of the office of the President of the United States or of Congress to grant, to deny, or to suspend ...
- 849
4
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3
answers
3k
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Do the 3rd and 4th Amendments of the U.S. Constitution apply during martial law?
In the event of martial law being sanctioned in the United States, I am in question about the Constitution and how it would apply. If a soldier comes to my home during martial law and asks to be ...
17
votes
3
answers
2k
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When may the President of the United States order military action without congressional approval?
The USA has many times in the past taken military action with only the President's order to back it up legally. It was Jefferson that set the precedent of using the military to enforce foreign policy ...
user2578
7
votes
1
answer
464
views
How was Japan's involvement in the Korean war reconciled with Article 9 of the constitution?
The Historical Basis section of Wikipedia's article on the anime "From Up on Poppy Hill" indicates that the Japanese merchant marine and their crews carried forces and supplies to Korea during the ...
- 13.8k
16
votes
1
answer
6k
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Could the President of the United States refuse to wage a war Congress declared?
In the United States, the separation of powers is such that although the President is the commander-in-chief of the armed forces, Congress is the branch that issues declarations of war. Typically, ...
- 11.2k
9
votes
2
answers
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Was the 2003 Iraq War an undeclared war to circumvent the Geneva Conventions?
The Iraq Resolution known as "AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002" cites national policy, a war on "terrorism", and United Nations Security Council Resolutions to ...
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