According to the Constitution, it is Congress’s job to decide when to declare and wage war on a foreign country.
What is the Biden administration doing?
“U.S. Intelligence Is Helping Ukraine Kill Russian Generals, Officials Say” (NYT, May 4, 2022):
The United States has provided intelligence about Russian units that has allowed Ukrainians to target and kill many of the Russian generals who have died in action in the Ukraine war, according to senior American officials.
Ukrainian officials said they have killed approximately 12 generals on the front lines, a number that has astonished military analysts.
The targeting help is part of a classified effort by the Biden administration to provide real-time battlefield intelligence to Ukraine. That intelligence also includes anticipated Russian troop movements gleaned from recent American assessments of Moscow’s secret battle plan for the fighting in the Donbas region of eastern Ukraine, the officials said. Officials declined to specify how many generals had been killed as a result of U.S. assistance.
The United States has focused on providing the location and other details about the Russian military’s mobile headquarters, which relocate frequently.
If a country did that to the U.S., would we call it an “act of war” and flatten their capital in retaliation?
“U.S. Intelligence Helped Ukraine Strike Russian Flagship, Officials Say” (NYT, May 5, 2022):
The United States provided intelligence that helped Ukrainian forces locate and strike the flagship of Russia’s Black Sea fleet last month, another sign that the administration is easing its self-imposed limitations on how far it will go in helping Ukraine fight Russia, U.S. officials said.
The targeting help, which contributed to the eventual sinking of the flagship, the Moskva, is part of a continuing classified effort by the Biden administration to provide real-time battlefield intelligence to Ukraine.
What if a country helped some jihadists conduct an operation similar to the USS Cole bombing, e.g., by letting the attackers know exactly where one of our ships was?
What about funding? One way to figure out if a country is at war is if its taxpayers are funding a war. From a May 4 NYT article in which the President actually does run a proposal by Congress:
This week, the Senate will take up a request from President Biden to send $33 billion in aid to Ukraine, mostly in the form of artillery, antitank weapons and other military and security assistance. If the measure goes through, the United States will have authorized a total of $46.6 billion for the war, equal to more than two-thirds of Russia’s entire annual defense budget.
The request comes just weeks after President Vladimir Putin of Russia called on the Biden administration in a formal diplomatic letter to stop supplying advanced weapons to Ukrainian forces. If it didn’t, Putin warned there would be “unpredictable consequences.”
It sounds like Americans been doing everything on the Ukrainian side except the final trigger pull. We are funding the entire Ukrainian military, just as we fund our own military. We are directly running the Ukrainian military’s electronic and satellite intelligence branch. With some assistance from NATO allies, we are designing and building the weapons that the Ukrainian military uses in combat.
The above should not be intended as an opinion regarding the Russia-Ukraine war. (I don’t understand the languages, the history, etc.) The topic for this post is the process of governing the U.S. If the Constitution says “Congress shall have Power . . . To declare War” (Article I, Section 8, Clause 11), how is Joe Biden allowed to do all of the stuff that he is apparently doing without specific Congressional authorization?
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