Bulls#it.
We were attacked last year in the opening battle of the war, and took heavy civilan casualties.
By your, ahem, "logic", if we received a massive nuclear attack that hit all of our major cities, we should be prohibited from launching a return attack, because there was no "formal" declaration of war, and thus, we were not "in a state of war."
You nitpicking hair-splitting pharasees make me nauseous.
"U.S. Constitution: Section 8. The Congress shall have power ... To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."
On Sept. 14, 2001, both chambers of Congress passed resolutions that did not use the word "war," but instead authorized the President "to use all necessary and appropriate force against those nations, organizations, or persons" responsible for the September 11 attacks.
Sorry, we are not in a state of war. Doesn't really matter what you think, those are the facts.