George Rebane

[This post was published in the 25nov25 issue of The Union in an edited version titled ‘The Untied States of America’s undeclared wars’. gjr]

The United States has a history of presidentially initiated military actions conducted under executive authority without a formal declaration of war from Congress, as the Constitution vests such declaratory power in the legislative branch while granting the President command of the armed forces. These instances often rely on interpretations of inherent executive powers, United Nations resolutions, or congressional authorizations short of a declaration.

In the early 1800s, the United States confronted the threat posed by the Barbary pirates—state-sponsored corsairs from North African polities such as Tripoli, Algiers, Tunis, and Morocco—who seized American merchant vessels and demanded tribute or ransom for their release. Prior to independence, American ships had benefited from British protection, but as a new nation, the U.S. initially resorted to paying annual tributes to avoid conflict, a practice that many Americans viewed as humiliating and inefficient.

Under President Thomas Jefferson, who assumed office in 1801, the U.S. adopted a more assertive stance. When the Pasha of Tripoli demanded increased payments and declared war by symbolically chopping down the flagpole at the American consulate, Jefferson dispatched a naval squadron to the Mediterranean without explicit congressional approval, marking the onset of the First Barbary War (1801–1805). American forces, including notable actions by Lieutenant Stephen Decatur—who led a daring raid to burn the captured USS Philadelphia in Tripoli Harbor—engaged in blockades, bombardments, and ground operations, culminating in a treaty that ended tribute payments to Tripoli and secured the release of American prisoners. This conflict demonstrated the young nation’s ability to project military power overseas and fostered unity among its forces.

Following the War of 1812, renewed Algerian aggression prompted the Second Barbary War in 1815. Commodore Decatur commanded a squadron that swiftly defeated Algerian naval forces, compelling the Dey of Algiers to sign a treaty abolishing tribute and piracy against U.S. ships. These responses not only curtailed the immediate threat but also established precedents for U.S. foreign policy, emphasizing military action over appeasement in addressing maritime terrorism.

In 1904, during his presidency, Theodore Roosevelt confronted the kidnapping of Ion Perdicaris, a prominent American expatriate residing in Tangier, Morocco, along with his stepson, by the Berber chieftain Ahmed ben Mohammed el Raisuli, who led a group often described in historical accounts as Arab or Moroccan tribal forces. Raisuli, seeking political concessions and ransom from the Sultan of Morocco, held the hostages to leverage reforms and personal gains.

Roosevelt, viewing the incident as a challenge to American prestige amid his re-election campaign, adopted a firm stance exemplifying his “big stick” diplomacy. He promptly dispatched seven warships and Marine contingents to Moroccan waters to exert pressure on the local authorities. Through Secretary of State John Hay, Roosevelt issued a concise ultimatum to the Moroccan government: “We want Perdicaris alive or Raisuli dead,” which was communicated during the Republican National Convention to underscore U.S. resolve.  Perdicaris and his stepson were released unharmed on June 24, 1904, without direct U.S. military engagement.

In this affair Roosevelt proceeded without congressional approval, prioritizing the demonstration of American power abroad.  This episode reinforced Roosevelt’s approach to foreign policy, emphasizing swift and assertive responses to threats against American interests

All this along with many more military engagements and interventions over the next two centuries were done with only executive authority and without congressional pre-approvals or declarations of war.  Here are some historical examples of major interventions, this list is not exhaustive –

Year(s)	Action/Location	President	Description
1798–1800	Quasi-War with France	John Adams	Naval engagements against French privateers in response to attacks on American shipping; Congress authorized limited actions but issued no formal declaration.
1812–1815	War of 1812 (initial phases)	James Madison	Early military operations against British forces began prior to Congress’s declaration, including invasions of Canada; the full war was later declared.
1846–1848	Mexican-American War (onset)	James K. Polk	Troops were deployed into disputed territory, provoking conflict before Congress declared war; the President cited defensive necessities.
1898–1902	Philippine-American War	William McKinley/Theodore Roosevelt	Following acquisition from Spain, U.S. forces suppressed Filipino independence efforts through occupation and combat, without a separate declaration.
1914–1917	Interventions in Mexico	Woodrow Wilson	Naval occupation of Veracruz and pursuit of revolutionaries across the border to protect U.S. interests amid civil unrest.
1950–1953	Korean War	Harry S. Truman	Deployment of forces under United Nations auspices to repel North Korean invasion of South Korea; no congressional declaration, though funding was approved.
1964–1973	Vietnam War (escalation)	Lyndon B. Johnson/Richard Nixon	Major troop commitments and bombing campaigns against North Vietnam and insurgents, based on the Gulf of Tonkin Resolution rather than a declaration.
1983	Invasion of Grenada	Ronald Reagan	Operation Urgent Fury to rescue U.S. citizens and depose a Marxist regime following internal unrest.
1989	Invasion of Panama	George H. W. Bush	Operation Just Cause to capture Manuel Noriega and restore democratic governance amid drug trafficking allegations.
1990–1991	Persian Gulf War	George H. W. Bush	Coalition forces expelled Iraqi invaders from Kuwait; Congress passed an authorization for use of military force, but no formal declaration.
2011	Intervention in Libya	Barack Obama	Airstrikes and support for rebels against Muammar Gaddafi under United Nations mandate to protect civilians.

These actions illustrate a pattern where presidents have interpreted their role as Commander-in-Chief to encompass responses to perceived threats, often with subsequent congressional acquiescence through funding or resolutions. The 1973 War Powers Resolution sought to limit such unilateral initiatives by requiring notification and potential withdrawal, though compliance has varied. President Trump’s recent and ongoing attacks on Venezuelan speed boats, transporting contraband drugs destined for the US that have already killed hundreds of thousands of Americans, should be interpreted in light of these historical precedents.