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The Constitution says that Congress has the power to declare war. It says that the states do not have the power to declare war.
I don't see anywhere that it prevents the president from doing so, or states that we are not at war until Congress says we are.
Of course, the original topic was whether Abdullah al-Mujahir must be tried under criminal law. I think it's pretty obvious that special circumstances are allowed in the case of an enemy combatant, which as far as I can tell he is.
Does this mean it's right to not try him in a regular criminal court? I'm not arguing for that at all. I agree with Benjamin Franklin when he said those who give up liberty for security deserve neither, but I don't think any of us can show right now that this is the case.
I do think that we should make every attempt to take the moral high ground whenever possible and give combatants a criminal trial. But I also believe that there are certain cases, such as this, where we must ensure that this doesn't jeopardize national security.
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