[Cacophonous]

Again, you are missing the point. The Court's view of the war is unclear. What is not unclear is that Congress has not formally declared war, that they effectively sidestepped their obligation (and hence any ACCOUNTABILITY) by giving the President a blank check. That is one of the purposes of Article I, Section 8.

[goldstategop]

If the representatives of the people want to give the President the determination of when to go to war, I'd say they're acting within their authority. This country has launched military involvements without a congressional declaration of war before and the courts never took judicial notice.