[Wissa]

"during time of war are and should be an exception" Which, technically, does not apply to our current situation.

I believe that technically, a state of war can exist without a declaration of war. It exists any time our country is under attack.

[Don Myers]

"I believe that technically, a state of war can exist without a declaration of war. It exists any time our country is under attack."

It is my understanding that once Congress declares War, certain legal niceties kick into play. Otherwise, why wake up our Congressmen and bother them over trivials?