Right, up is down, left is right.
No court has any Constitutional authority to decide whether or not a war exists. Constitutionally, only Congress has that authority.
That would be correct but you're talking to the wrong guy. You need to be lecturing the Second Circuit.
But Federal Courts do have the authority to decide what the law is, and to intepret the Constitutuion. In this case, the court has intepreted the Constitution to find that Congress has not declared any war.
:-}, they have no authority to tell Congress how to declare war. The constitution is silent on the method of declaring war. A judical activist on steroids?
Do you have a reference to an act of Congress that declares the US to be currently at war?
Joint Resolution Authorizing the Use of Force Against Terrorists
To authorize the use of United States armed forces against those
responsible for the recent attacks launched against the United States.
Whereas, on Sept. 11, 2001, acts of treacherous violence were committed
against the United States and its citizens; and
Whereas, such acts render it both necessary and appropriate that the
United States exercise its rights to self-defense and to protect United
States citizens both at home and abroad, and
Whereas, in light of the threat to the national security and foreign
policy of the United States posed by these grave acts of violence, and
Whereas, such acts continue to pose an unusual and extraordinary threat
to the national security and foreign policy of the United States,
Whereas the president has authority under the Constitution to take
action to deter and prevent acts of international terrorism against the
United States.
Resolved by the Senate and the House of Representatives of the United
States of America in Congress assembled,
Section 1. Short Title
This joint resolution may be cited as the ``Authorization for Use of
Military Force''
Section 2. Authorization for Use of United States Armed Forces
(a) 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 Sept. 11, 2011, or harbored such organizations
or persons, in order to prevent any future acts of international
terrorism against the United States by such nations, organizations
or persons.
(b) War Powers Resolution Requirements
(1) Specific Statutory Authorization -- Consistent with section 8(a)(1)
of the War Powers Resolution, the Congress declares that this section is
intended to constitute specific statutory authorization within the
meaning of section 5(b) of the War Powers Resolution.
(2) Applicability of Other Requirements -- Nothing in this resolution
supersedes any requirement of the War Powers Resolution.