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1 1 (September 30, 2024)

handle is hein.crs/goveqtq0001 and id is 1 raw text is: The Declare War Clause, Part 6: The Spanish- American War and First and Second World Wars September 30, 2024 This Legal Sidebar is the sixth part of an eight-part series that discusses the Declare War Clause in Article I, Section 8, Clause 11 of the Constitution, which grants Congress the power To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water[.] The power to take the nation to war is a central element of the Constitution's scheme of war powers, but interpretation of the Declare War Clause is complex and evolving. This Sidebar series discusses the Supreme Court's jurisprudence related to declarations of war by Congress and highlights interbranch practices that illuminate the executive and legislative branches' sometimes differing interpretations of the clause. This Sidebar focuses on the implications of authorizing language found in declarations of war issued in World War I and World War II, which differed from the language used in the 1898 declaration of war against Spain and earlier declarations. Additional information on Congress's war powers and the President's powers as Commander-in-Chief can be found in the Constitution Annotated. The Spanish-American War The United States declared war on Spain in 1898 following a Cuban insurrection against Spanish rule and the sinking of the USS Maine in the harbor outside Havana. The war did not give rise to major Supreme Court decisions addressing the meaning of the Declare War Clause, but it did lead to other constitutional questions, such as how the Constitution would apply to the territories that the United States acquired from Spain at the close of the war, including Guam, Puerto Rico, and the Philippines. Other elements of the war and its aftermath, such as the U.S. acquisition of a long-term land lease in Guantanamo Bay, Cuba, and interrogation techniques in American-annexed Philippines, would set the stage for later Supreme Court cases in the post-September 11, 2001, era. Congressional Research Service https://crsreports.congress.gov LSB11235 CRS Legal Sidebar Prepared for Members and Committees of Congress