It wasn’t long after World War II ended that U.S. troops were once again involved in another foreign war. This time, however, there was a notable difference. After North Korea invaded the South in 1950, President Truman intervened with U.S. combat troops in a United Nations “police action.” There was no congressional declaration of war. There was not even the slightest pretense of consulting Congress.
On five different occasions, the United States had declared war on other countries: the War of 1812, the Mexican War (1848), the Spanish-American War (1898), World War I (1917), and World War II (1941 against Japan, Germany, and Italy; 1942 against Bulgaria, Hungary, and Romania).
That Congress issued these declarations of war doesn’t necessarily mean that they should have been issued. It just means that it was recognized that a major military engagement called for a real declaration of war by the Congress according to Article I, Section 8, of the Constitution.
But not only did over 36,000 American soldiers needlessly die in the Korean War when we entered that conflict under the auspices of the UN, the results of this unconstitutional action are still with us today. Since the armistice was signed in 1953, a day has not gone by when the United States has not had thousands of troops stationed in South Korea. There are at least 25,000 U.S. soldiers still in Korea, some no doubt the grandchildren of the soldiers who fought in the Korean War.
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