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Congress has not formally declared war since World War II. The War Powers Act originally restrained the president's ability to commit U.S. forces overseas by requiring the executive branch to consult with and report to Congress before involving U.S., but an amendment in 1973 only required that the president seek congressional approval "before or shortly after ordering military action abroad."

It is my understanding that President Bush received such Congressional authorization under H.J. Res. 114 that satisfied the provisions of the War Powers Act.

Under the premise that the President does not have the authority to declare war, a lawsuit was promptly filed that stated:

In October 2002, Congress passed the Authorization for Use of Military Force Against Iraq Resolution of 2002 (the "October Resolution"), Pub L. No. 107-243, 116 Stat. 1498. Plaintiffs argue that the October Resolution is constitutionally inadequate to authorize the military offensive that defendants are now planning against Iraq.

That case was promptly dismissed by the court so the constitutionality of the military action was affirmed. In fact, in the document it states "The plaintiffs appropriately disavow the formalistic notion that Congress only authorizes military deployments if it states, 'We declare war.' This has never been the practice and it was not the understanding of the founders." and that "Finally, the text of the October Resolution itself spells out justifications for a war and frames itself as an "authorization" of such a war."

Therefore, I believe that while an official declaration of war was not executed, it could certainly be argued and the court would uphold, that we are indeed at war.

But then I did not stay at a Holiday Inn Express last night, so I am not fully qualified to judge ; )