[epluribus_2]

Well good question (probably because Dems - majority in Senate at the time - would not go for it without UN permission). But this guy is not part of that "war" per se, dirty bombers are part of the global war on terror and that war has no official sponsor. (But Saudi Arabia, Iran, Syria, Pakistan have a lot to come clean about)

[Kryptonite]

Exactly. Who is Congress going to declare war on in order to enable the President to detain dirty bombers? It's an absurd ruling. I'd like to see War declared on Al Davis and da Raiders, but while they suck, they aren't sponsoring terror as far as I know, and it wouldn't take a state sponsor to enable a dirty bomber to threaten the lives of millions of Americans.

Stupid with a capital S.