Besides Hamiltons claim there's the War Powers Resolution

SEC. 2. (c)
The constitutional powers of the President as Commander-in-Chief to
introduce United States Armed Forces into hostilities, or into
situations where imminent involvement in hostilities is clearly
indicated by the circumstances, are exercised only pursuant to (1) a
declaration of war, (2) specific statutory authorization, or (3) a
national emergency created by attack upon the United States, its
territories or possessions, or its armed forces.

On 1/26/06, William Bowen wrote:
> While I will not argue that the rules are outdated, they are _still_
> the rules. I have no problem with changinig the rules, but i will not
> tolerate a government that changes them arbitrarily or unilaterally.
>
> > The President very clearly stated after 9/11 that we were engaged in a war 
> > against Al
> > Qaeda and more generally against terrorism that threatens our society.
>
> Once again, the President cannot declare war, nor does saying a state
> of war exists make it so.
>

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