I recommend you also read the decision, and particularly the parts which discuss the Secretary of the Navy's implementation of the DTA, turning the impartial tribunals into kangaroo courts. If you want to blame someone, don't blame Kennedy but rather that idiot suit of a secretary of the Navy Winters.
Andrew, I was not 'blaming' Kennedy. I was refuting the specific assertion from 'elmer fudd' that this decision was caused by supposedly having not actually declared the war.
That was not true. Nowhere did I 'blame' Kennedy for anything. I merely said Kennedy (and the majority) expect that the Executive must now go farther than we have in the past, and as you say obviously, farther than the DTAs or CSRTs have gone so far.
And yes, I have read the entire dissent and most of the decision, though I think I've gleaned the substance of the majority opinion in the single sentence above.
Did you see that we agree in #9? Must we argue so much if we are in agreement on this FRikken forum?