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The problem is what constitutes a declaration of war? The detractors and literal constructionists would hold that the Congress must pass an act entitled "Declaration of War Against Iraq." The Supreme Court has held that when the Congress passes resolution authorizing use of force and passes budget authorizing expenditures of funds well knowing that such funds will be used to support military action in a place they have for all legal purposes already exercised their war declaration powers and have already given the President the authority to do what he is doing.