[inquest]

It's only "as good as legal" in the practical sense. The courts have ruled in the past that an unconstitutional law is unconstitutional from the moment it's passed, not from the moment it's declared unconstitutional. The court's job is merely to discover it's unconstitutionality, not to cause it. Hence, if they decline to do their job in a particular case, the law is still unconstitutional, but simply hasn't been officially "discovered" to be so. So it's only in that sense that it's as good as legal.

[elfman2 on another computer]

"Hence, if they decline to do their job in a particular case, the law is still unconstitutional, but simply hasn't been officially "discovered" to be so. So it's only in that sense that it's as good as legal."

I don’t disagree. And since there have been rulings that dismiss rather than ignore challenges to congressional authorization for the use of force without explicitly declaring war, they have ruled, and it’s legal until otherwise stayed or overturned.