[KDD]

Can you reference Congress' declaration in support of President Bushs actions. I know there is a statement of support but I can't access it.

Authorization of funds by Congress to conduct military operations fall under, and create the auspices of a "defacto declared war" by Congress?

Thanks for your input..."§ 1169. The power, to declare war may be exercised by congress, not only by authorizing general hostilities, in which case the general laws of war apply to our situation; or by partial hostilities, in which case the laws of war, so far as they actually apply to our situation, are to be observed.

This would appear to resolve the conflict.

[mrsmith]

Let me see if I can find it.
For comparison I do have the act for the war with France that Justice Story references:
An Act Further to Protect the Commerce of the United States July 9, 1798.