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Declaring war and maintaining a military, is an example of an expressed power Congress holds.

A formal declaration of war is an act through which one state informs another of ongoing or imminent hostilities. Creating a state of war between two or more states requires the declaration, which is a performative speaking act (or the signing of a document) by a party authorized by the national government.

Depending on a country's legal system and its form of governance, different people can legally declare war. The head of state or sovereign is granted this authority in several countries. Other times, something less formal than a formal declaration of war, such a letter of marque or a clandestine operation, may allow for the use of mercenaries or privateers to carry out acts of war.

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