Point one. The Taliban, the official government, did declare war on us when we refused to negotiate with them on turning Bin Laden over to an "Islamic court" Second point, do a search on the forum on "Barbary Pirates", It will turn up dozens of articles and posts stating that there was a formal declaration of war on the Barbary pirates and that Bush and congress must do the same or this is not a "war" and Bush's recent actions as CIC are constitutionally suspect. Third point, it does not take a congressional declaration of war for the state of war to exist. It only takes an act of congress for the president to enforce his constitutional powers as Commander in Chief in a state of war. The joint resolution fulfilled that constitutional requirement.
I would argue that no such astion is necessary, or even proper, as the Constitution gives the power (and responsibility) of Commander in Chief to the President at all times, war or no war.
Unfortunately, those posts are totally incorrect. There was no declaration of war against the Barbary Pirates. Like the resolution passed after 9/11, Congress asked President Jefferson to take action against those who would harm America and Americans, but there was never a formal declaration of war, or anything close to it.
The U.S. has formally declared war only four times, 1812, Spanish-American, WW1 and WW2.
Yes, I know posts on FR say we did declare war, but they are wrong. For backup, check Congressional Archives, Heritage Foundation, CATO. All agree, no formal declaration of war with Barbary Pirates.
Don't feel bad. Wait till you see some of the tin hat posts...