"§ 1169. The power, to declare war may be exercised by congress, not only by authorizing general hostilities, in which case the general laws of war apply to our situation; or by partial hostilities, in which case the laws of war, so far as they actually apply to our situation, are to be observed. 12 The former course was resorted to in our war with Great Britain in 1812, in which congress enacted, "that war be, and hereby is declared to exist, between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United States of America and their territories." 13 The latter course was pursued in the qualified war of 1798 with France, which was-regulated by divers acts of congress, and of course was confined to the limits prescribed by those acts. 14"
Justice Story has no problem with Congress authorizing "partial hostitlities", as it has for President Bush.
His whole "Commentaries" is online at HERE
It is a great and accessible text (though some say he's a little pro-Judicial Branch :-).
Authorization of funds by Congress to conduct military operations fall under, and create the auspices of a "defacto declared war" by Congress?
Thanks for your input..."§ 1169. The power, to declare war may be exercised by congress, not only by authorizing general hostilities, in which case the general laws of war apply to our situation; or by partial hostilities, in which case the laws of war, so far as they actually apply to our situation, are to be observed.
This would appear to resolve the conflict.