In addition, we have been in a continuous state of war with Iraq for 11 years, both legaly and actually. The original writer thought this didn't matter because of his interpretation of Congressionaly "intent" -- a subjective reading on hispart, at best.
In addition to the clear legal state of war -- we had a cease-fire, the terms of which Iraq has breached, not a peace treaty -- the actual "facts on the ground" are that we've been flying and bombing Iraq's anti-aircraft sites, and they've been trying to shoot our planes down -- a casus belli if anything is.