Like it or not, I consider both the open ended “Authorization to Use Military Force” joint Resolution and the “Patriot Act” unconstitutional.
The last line I posted from Section 8 of the Congressional power in the Constitution, “to make all laws necessary” makes it possible for Congress to issue a law permitting use of force under “punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations” and under “...grant Letters of Marque and Reprisal, and make Rules concerning Captures...”
Every single one of those DO NOT require a declaration of war.
In sum, the Constitution authorizes use of offensive military force, both overt and covert, that is NOT dependent on a declaration of war.
Therefore, the Joint Resolution giving authority to the President against any “organization or person” as “he determines” would have to now be rescinded for the president to be operating those drones illegally against any terrorist he deems connected to that group that brought about 9/11.
I think this is an absolute lock if it were brought to any court. It is far too clear. With his power as CinC and of “executing” the law, he is only doing that which he has already been authorized BY CONGRESS to do.