Acts of War

Declarations of war have become obsolete, but should not there be somewhat more restrictions on a US president's ability to wage war than on Hitler or Stalin?

The president, as Commander in Chief, has the power and authority to use force defensively to protect the lives and property of US citizens on US soil, and to protect foreign powers bound by treaty. Such protection includes the power to strike against military targets directly supporting acts of aggression, regardless of international borders. All such incidents must be reported to Congress.

Lacking an explicit declaration of war from Congress, the president is restricted from general war of attrition, active invasion of another foreign soil excepting in hot pursuit or to destroy materials or personnel actively supporting aggression, destruction of civilian infrastructure, interference with civilian commerce, or performing other overt acts of war.

Congress has the power to write laws protecting information critical to the common defense, but such laws shall not be used to conceal violations of law, nor to block reporting of criminal acts to appropriate authority, nor to void freedom of speech or of the press when a clear violation of the law has occurred.

Congress, during a declared state of war, shall have the power to conscript able bodied individuals into compulsory military service for a term not exceeding four years.

Currently, Congress has authority to summon the militia for use within the country, to "enforce the laws, suppress insurrections and repel invasions," but does not have clear authority to compel membership in the standing armies. Only the standing armies can serve overseas.

Let's Hold a Constitutional Convention

Rights - Powers - War - Jury