Re:DOJ Argues: US can kill own citizens without review when ...
by dragonwriter on Saturday January 02, 2021 @11:26PM
(#25619433)
> one would think that a formal declaration of war would be needed
The legal existence of a war has established rules in US law, and a Congressional declaration is one way they happen (though not exclusive what you probably mean by a “formal declaration of war”, which suggests magic words).
> otherwise anybody can be killed just under umbrella of "War on Terror" or "War on Drugs" or "War on Littering and Jaywalking"...
The War on Terror has a legal declaration, which is expressly conditioned only on Presidential determinations, so requiring declarations doesn't actually meaningfully prevent that scenario when Congress is feeling lazy.
one would think that a formal declaration of war (at least minimally specifying who the US is at war with) would be needed otherwise anybody can be killed just under umbrella of "War on Terror" or "War on Drugs" or "War on Littering and Jaywalking"...