The Constitution - The president:
Section. 2.
The President shall be Commander in Chief of the Army and Navy of the United States
Section 3....
he shall take Care that the Laws be faithfully executed,
The Constitution - Congress:
Section 8:
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers,
Section 9:
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
PUBLIC LAW 107-40, 107th Congress, 18 Sep 01 - "Joint Resolution" -
That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism
Like it or not, I consider both the open ended “Authorization to Use Military Force” joint Resolution and the “Patriot Act” unconstitutional.