Anonymous ID: 4adc50 July 2, 2023, 3:12 a.m. No.19109696   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun

The Constitution grants Congress the sole power to declare war. Congress has declared war on 11 occasions, including its first declaration of war with Great Britain in 1812. Congress approved its last formal declaration of war during World War II. โ€“ Senate.gov

Without congressional approval, the president cannot deploy troops. Check. However, presidents have a trump card โ€“ the 1973 War Powers Act. Under 50 U.S. Code ยง 1541 - Purpose and policy section C states:

 

At some point along the conflict spectrum envisioned by military and national security strategists, a LIC (Low-intensity conflict) becomes a mid-intensity conflict.' Presumably, at this point, congressional authorization would be required for military action, provided that the conflict does not involve a direct attack against U.S. territory or U.S. military forces stationed abroad, because the conflict would be considered a "war" under Article I of the Constitution. Thus, conflicts such as those in Korea, Vietnam, or Iraq-Kuwait would require congressional approval prior to the commitment of U.S. military forces. On the other hand, military operations that fall below this point would be considered LIC, and under a theory of presidential prerogative, would not be subject to such a constitutional restriction in the absence of specific legislation. โ€“ PRESIDENTIAL PREROGATIVE UNDER THE CONSTITUTION TO DEPLOY U.S. MILITARY FORCES IN LOW-INTENSITY CONFLICT, MARK T. UYEDA

Anonymous ID: 4adc50 July 2, 2023, 3:21 a.m. No.19109708   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun

The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security. United States v. Reynolds, which involved alleged military secrets, was the first case that saw formal recognition of the privilege.

 

Following a claim of "state secrets privilege", the court rarely conducts an in camera examination of the evidence to evaluate whether there is sufficient cause to support the use of this doctrine. This results in court rulings in which even the judge has not verified the veracity of the assertion. The privileged material is completely removed from the litigation, and the court must determine how the unavailability of the privileged information affects the case.