H.2. Requirements for a Declaration of War

All Declarations of War must:

1. Identify the entity or entities against whom war is declared;

2. Set forth the constitutional justification, including the nature and severity of the threat;

3. Describe the intended objectives of the conflict in clear terms, even if full restoration or victory cannot be immediately defined; and

4. Establish fixed conditions and intervals for congressional review, with renewal required for any continuation beyond twelve (12) months.

This list sets out four elements that must appear in a formal declaration of war.

A declaration must define the enemy. The specific entities we are at war with have to be explicitly stated. Remember, except for cases of rebellion, a declaration is only needed for preemptive war. Defensive war is considered self-executing—a formal declaration is presumed. In those cases, all the entities that attacked are our enemies. But in cases where the United States initiates war, Congress must list the specific enemies. This is to prevent mission creep. If Outer Tusultigard and the Tusultigard Liberation Front are our enemies, Congress has to list them. And that declaration doesn’t authorize action against Wekigard, even if Tusultigardan forces have bases there.

The declaration has to explain why a war is justified under the Charter. “We think they’re bad,” isn’t a good enough reason. That explanation must include the severity of the threat the enemy poses.

Congress has to define the intended objectives. War is dynamic, so the objectives may shift, but they have to be stated upfront. That shines a bright light on any strategic drift.

Finally, a declaration of war isn’t perpetual. Congress has to review it and renew it for any continuation beyond one year. They can also list any other review mechanisms that trigger and what those triggers are.

The full text of any proposed Declaration of War must be published no less than seventy-two (72) hours prior to a final vote, except in cases where delay would produce imminent, irreparable harm, in which case the justification must still be made public within forty-eight (48) hours of the vote.

Congress must be transparent. Even if the nation can’t wait three days for a formal declaration, it must still publish its declaration within two days of passing it.

A Declaration of War does not alter, suspend, or diminish any Right guaranteed by this Charter.

“No emergency can justify reduction, elimination, or suspension of Rights, even on a temporary basis.”[1] That includes war.

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[1] See Article I, Section 1.C.