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.
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.