The problem being that we aren't 'at war'. We may need to be, Congress may have passed laws which in detail are indistinguishable from our being at war, but it has not uttered the magic phrase "a state of war exists," and no one else -- not you, not me, not the President and not the Court -- is Constitutionally empowered to 'declare' us to be at war.
This isn't a quibble: being at war gives the government extraordinary powers and those powers ought to be explicitly implemented by a Congress which is willing to take responsibility for them.
We certainly are at war. It is the War on Terror. You want some more words spoken before you will allow the War on Terror to be real? Then you will authenticate the War on Terror? Our brave military has already authenticated the War on Terror and are doing a great job of winning it also. They've done it all without your permission.
Amazing that you have not realized that we have been attacked. How many have to be killed to determine we are at war?
A few words voted on in Congress do not "make" a war - actions do. The congress is only politically active as shown by their actions - they care not that America is fighting for survival.