I guess I'm mystified about the means of declaring war without a Declaration Of War (and I'm capitalizing that phrase to distinguish as a formal process, which it clearly is).
A state of war exists whenever a country chooses to use military force to achieve it's objectives.
Fine, I'll give you the benefit of doubt that this "state of war" is coupled with military force. But you could just as easily call it a "condition of war," "an environment of war," "a melieu of war," whatever. Point is, there is nothing formal in the phrase "state of war" where there is a very specific meaning to "Declaration Of War," since that is what Congress is called upon to do: declare war. And that in fact is what results" a Delaration Of War, e.g., Congressional Declaration of War on Germany, December 11, 1941.
Just cite the portion of the Constitution that states the Congress "shall" pass a declaration of war in order for a state of war to exist.
You know as well as I do that there's no such language in the Constitution, which grants Congress the power to "declare war."
Congress can recognize a "state of war," "a melieu of war," "a condition of war", or whatever they'd like to call it, because it has no specific formal meaning in law, e.g., "the state of war between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared." (Congressional Declaration of War on Germany, December 11, 1941)
BTW, this was resolved by the US Supreme Court in the early 1800's. Even these dodo judges admit as much in their opinion. Did you read it?No, and I won't, because I can't even fathom what you're arguing and the exercise would thus be pointless.
It's not. There is no written, or agreed-upon process for a declaration of war.
The Congressional Resolution allowing the President to use military force satisfies all the requirements for a 'declaration of war': Congress gave him the OK to send troops.