To: Karin who wrote (54800 ) 9/6/2004 11:02:49 PM From: T L Comiskey Read Replies (1) | Respond to of 89467 Karin...We Never declared War It is a legal point.. but it remains as fact............ T "Constitution's Article three, Section three, which defines treason as ''giving aid and comfort'' to the enemy in time of warfare" Legal Status: "War" or "Conflict" Though almost universally described as the Vietnam War today, it was commonly referred to as the Vietnam Conflict contemporaneously. This reflected the concept that being undeclared, the war was an action of a lesser or different nature, continuing a post-World War II trend of casting war in a new context, as in the Korean War, described as a police action under the auspices of the United Nations. The Law of Land Warfare, the compilation of treaties as expressed by tradition and practice, including the various Geneva Conventions and Hague Conventions, requires that hostilities must not commence without a Declaration of War. The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war. (Hague Convention III, article 1, October 18, 1907) The United States Constitution specifies the power to declare war: The Congress shall have power: [...] To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water[...] (Article 1, section 8) No such declaration being either asked of or granted by the Congress, President Johnson relied on his power as Commander-in-chief of the Armed Forces and the Gulf of Tonkin Resolution as justification for escalation of the conflict.