A very important point in the article is how Congress has shirked it’s Constitutional role. Where are the declarations of war on Afghanistan and Iraq? A vote to allow the President to conduct military operations is substantially different from declaring war. Congress doesn’t want to unfetter the military, but wants political results that gets Congress reelected. ( And this is both parties fault),
Declarations of War.
I believe that the US Constitution gives authority to engage in military action short of all-out war. Marque & Reprisal were those very things in that day.
However, they were military strikes of limited duration OR military response in long-simmering, intermittent hostilities. (Actions against the Barbary Pirates, for example.)
The time frame and level of required action seemed to be the dividing line.
In that case, the US has been involved in military action in Iraq and Afghanistan for roughly 8 years. That is not “limited duration.”
Nor can the combat be described as long-simmering, intermittent hostility. It is regularly at the level of full combat.
The conclusion is that you are correct: there should, at least now after 8 years, be a Declaration of War justifying all this long-term, intense combat..