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In the eyes of the law it could make a difference, there is a valid legal argument since technically a state of "war" only exists with congressional approval; its all a question of interpretation, thus do the rules apply to all armed conflicts, only declared wars, armed conflicts with legislative approval but not backed by a war resolution... all about the interpretation

Ok.

Let's take a look at history using the Legal aspect as the liberals are using.

WW2
Japan: Legal Congress declared war.
Germany: Illegal Congress did not declare war on Germany.
Italy: Illegal Congress did not declare war on Italy.

Korea: Legal Congress approved the Treaty (UN) which led to the start of this one. Section V of the Constitution No peace treaty signed, in state of cease fire.

Viet Nam: Questionable up to the point of the NVA involvement. SEATO Treaty. Did the treaty demand the use of military in what was an "internal uprising", up until the overt NVA actions. Once the NVA took a overt action the US involvement would have been covered by the SEATO Treaty. Section V of the Constitution.

Gulf War 1: Again UN treaty. Also Congress approved military action. No peace treaty signed, cease fire.

Iraq to disarm.
No WMD.
No missiles with a range of greater than 150KM.
Trade sanctions

Iraq has been linked to Terrorist attacks in the US. WTC 1993.
Iraq has tried to kill a former President of The US
Intelligence has linked Iraq to Terrorist training
Iraq openly supports and supplies terrorist action against Israel.
Congress approved the use of the military to combat terrorist at the presidents discretion.

This brings us to March 18.
Disarmament Inspections not being fully complied with.
Weapons have been found that have been in violation prior to resumption of military action.
France threatened veto of military action under any condition.
France is thought to be breaking sanctions.

Since the 18th.
There are reports of Scud missiles be used. (I’m still not convinced on this since the media is reporting all surface to surface missiles as Scuds)
There are reports that a couple of WMD caches have been found. (Not confirmed yet that I know of at this time)