[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.

[inquest]

Congressmen and the President are still violating their oath by doing it. They're sworn to uphold the Constitution, not judicial rulings based thereupon.