You may also wish to read this:
http://freerepublic.com/focus/f-news/1543516/posts?page=59#59
It is a Constitutional violation, plain as day. That's why they are having to say it was 'implied' in the authorization of force resolution or that the power is 'inherent.' Everything that specifically addresses the question says they can't do it.
It is quite sad that so many are willing to just look away.