[Libertarianize the GOP]

My point incase you missed it was that war powers are vested in the Congress and the President with no authority given to the Judiciary.

Where do you find explicit authority for the States?

[We Happy Few]

Two points.

The Judiciary does have some role with respect to "war" because Article III, section 3, clause 1 empowers the Judiciary to try cases of treason. Treason is a defined as an offense in terms of "levying War against [the United States]" or "in adhering to their Enemies, giving them Aid and Comfort." Thus, a conviction for treason with respect to the first of these two phrases would require a court to reach the conclusion, as a matter of law, that a state of "war" existed. It is true that this judicial power is not the power to wage war, but the political implications of being able to say whether the country is or is not "at war" as a technical legal matter are not trivial.

Second, a state has the explicit power under Article I, section 10, clause 3 to wage war if it is actually invaded or is "in such imminent Danger as will not admit of delay." It is not hard to see the importance of this right for the frontier states 200 years ago. The power may be considered archaic today, but the constitutional right still explicitly exists.