Declare War. Make Peace.

>> Russell Berman: The President of the United States is the commander-in-chief of America's armed forces and holds the power to conduct war. But the President does not have the authority to start war. The United States Constitution makes that clear. The power to declare war lies with Congress. Similarly, the President does not have the unilateral authority to end wars.

 

Peace treaties must be ratified by the Senate. Yet for nearly 100 years, Congress has ceded its constitutional war powers responsibility and surrendered it to the President. The last time the United States formally declared war was 1942 against Bulgaria, Hungary, and Romania as part of World War II. Since that time, declarations of war have become increasingly rare worldwide and have all but disappeared.

 

In the United States, the Korean War began under the United Nations. The Vietnam War under the Gulf of Tonkin Resolution, the Gulf War, and War on Terror began with authorizations for use of military force, all without declarations. Meanwhile, declarations of war have become similarly rare worldwide. Even Russia classified its invasion of Ukraine as only a special military operation.

 

America has also largely discontinued the tradition of ending military conflicts with formal peace treaties. The United States has not signed a peace treaty since 1952, officially ending the. Second World War with Japan in the Treaty of San Francisco. Armistices, peace accords, and ceasefires have since. Dominated the post-war diplomatic landscape.

 

These less binding agreements do not always. Put an end to conflict. The Paris Peace Accords did not terminate the fighting in Vietnam only an end to US involvement, eventually leading to the fall of Saigon and a complete communist takeover. Congress's relinquishing responsibilities in both war and peace has ended diplomatic traditions, reduced political accountability and blurred the separation of powers.

 

It is vital to understand how we. Got here before any real change is possible. Three key factors have contributed to the congressional abandonment of its constitutional duty. First, nuclear weapons have dramatically changed the ways in which wars are fought, making traditional conflict potentially apocalyptic, ultimately giving way to the rise of asymmetric and proxy wars.

 

Declaring war against an identifiable enemy therefore becomes difficult. Second, after the Hague Conventions at the turn of the 20th century and subsequent world wars, a thick network of international law has emerged. Belligerent forces are subject to rules of engagement and accountable for war crimes. A state can either avoid or at least delay such lawfare by sidestepping formal declarations.

 

If it is not at war, it may evade the laws of war. Third, the transformation of governance has increasingly concentrated power in the executive branch, leaving Congress with considerably less influence over military matters. Without the clear justifications provided by a formal declaration of war, conflicts can expand indefinitely in scope and duration.

 

The marginalization of traditional diplomacy in favor of military approaches reduces the capacity for effective negotiated settlements. Most importantly, the constitutional balance of powers becomes distorted when Congress role in authorizing military action diminishes. Declarations of war and treaties of peace may seem like antiquated formalities, but but they embody essential elements of democratic governance and international stability.

 

Formal declarations ensure public justification for military action, outline specific objectives that can be measured, and guarantee the engagement of legislative bodies that represent the people. Treaties of peace can help provide definitive. Conclusions that address the root causes of conflict rather than merely pausing hostilities until they inevitably resume.

 

Although formal declarations of war may have gone out of fashion, war itself will not. Without a return to an expectation for war declarations and firm peace treaties, conflicts become more likely to begin without warning and continue without resolution. Both the executive branch and the legislative branch must re-embrace these constitutional practices and help the United States restore democratic accountability and international stability in an increasingly dangerous world.