Jill Stein: 'I would not have assassinated' bin Laden

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117. Myriad Substantive Laws, well beyond administrative regulations, have springboard provisions upon

declaration of war as articulated in Congressional Research Service RL31133, Subject: Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications, 112 pages. April 18, 2014

https://www.fas.org/sgp/crs/natsec/RL31133.pdf

"With respect to domestic law, a declaration of war automatically brings into
effect numerous standby statutory authorities conferring special powers on the
President with respect to the military, foreign trade, transportation, communications,
manufacturing, alien enemies, etc. In contrast, no standby authorities appear to be
triggered automatically by an authorization for the use of force. Most standby
authorities, however, do not require a declaration of war to be actualized but can be
triggered by a declaration of national emergency or simply by the existence of a state
of war. Both declarations of war and authorizations for the use of force waive the
time limitations otherwise applicable to the use of force imposed by the War Powers
Resolution."

"But a declaration of war automatically brings into effect a number of statutes
that confer special powers on the President and the Executive Branch. A declaration,
for instance, activates statutes that empower the President to interdict all trade with
the enemy, order manufacturing plants to produce armaments and seize them if they
refuse, control transportation systems in order to give the military priority use, and
command communications systems to give priority to the military. A declaration
triggers the Alien Enemy Act, which gives the President substantial discretionary
authority over nationals of an enemy state who are in the U.S. It activates special
authorities to use electronic surveillance for purposes of gathering foreign
intelligence information without a court order under the Foreign Intelligence
Surveillance Act. It automatically extends enlistments in the armed forces until the
end of the war, makes the Coast Guard part of the Navy, gives the President
substantial discretion over the appointment and reappointment of commanders, and
allows the military priority use of the natural resources on the public lands and the
continental shelf."

"An authorization for the use of force does not automatically trigger any of these
standby statutory authorities. Some of them can come into effect if a state of war in
fact comes into being after an authorization for the use of force is enacted; and the
great majority of them, including many of the most sweeping ones, can be activated
if the President chooses to issue a proclamation of a national emergency. But an
authorization for the use of force, in itself and in contrast to a declaration of war,
does not trigger any of these standby authorities."