Considering he didn’t have a problem with a non-declaration of war with the authorization to use force in Afghanistan shows he is being deceptive. He was just joining the chorus that wanted to call Bush a war criminal.
Tempting as it may be to agree, it is necessary to defend ron Paul on this account.
The United States of America is a sovereign nation. A non-governmental and non-sovereign organization known as Al Qaeda unlawfully declared war upon the United States two or more times and conducted unlawful combat and unlawful acts of terrorism against the United States, its Citizens, and its territory in multiple acts of international terrorism, including air piracy.
The Taliban, while in disputed control of the government of Afghanistan, used the sovereign territory of Afghanistan to harbor, aid, and assist the Al Waeda warfare against the United States and its Citizens.
The President of the United States has both the Constitutional authority and Constitutional obligation to protect and defend the Citizens of the United States against foreign and domestic enemies who engage in hostilities against the United States.
No declaration of war was necessary under the U.S. Constitution, because the state of war pre-existed with the Afghan participation in the hostile attacks and belligerancy against the United States. A declaration of war is likely to have been unnecessary and unlawful under the current international law and treaties regarding the Afghan hostile belligerency.
The situation with regard to Libya was quite different. Although Libya has engaged in hostile acts justifying the observance of a state of war between the two nations, the latest events were pursued under the authority of the United States membership in NATO and the NATO peacekeeping authoirty. The U.S. Constitutional requirement is different with respect to these circumstances and calls into question whether or not any President can engage in the NATO peacekeeping operations beyond the War Powers Act without the approval of Congress and appropriations for such military operations.