and who or whom should have Congress declared war on??? Dude....you don't sound like you're playing Devils Advocate....
DUH Dude ....It's pretty clear ... In his constitutionally required State of the Union Address, the President IDed the "Axis of Evil". Two of the three still stand .... US History is pretty clears about who decides what is an unreasonable search ... the Courts ... and no I'm not taking my ball home