Thus, would it not be appropriate for the president to ask Congress to declare that a state of war has existed between the United States and Al Qaeda since September 11, similar to Roosevelt?
The Barbary Pirate war has come to light as the "gold standard" for how we handle an enemy without borders and Bush has failed to use that precedent to justify his actions. That however does not appear to be the case. He has used exactly that precedent. Bush AND congress appear to be on firm historical constitutional grounds so far.