A commenter over at atrios says this:

"http://www.tompaine.com/feature2.cfm/ID/9843
While all of the Democratic presidential candidates (except Sen. Joseph Lieberman) criticize President George W. Bush for his unilateral recklessness in starting a war against Iraq, they are missing a larger point: The invasion was not just reckless. It was unconstitutional.

It is time to set the record straight. The United States Congress never voted for the Iraq war. Rather, Congress voted for a resolution in October 2002 which unlawfully transferred to the president the decision-making power of whether to launch a first-strike invasion of Iraq. The United States Constitution vests the awesome power of deciding whether to send the nation into war solely in the United States Congress.

Those members of Congress—including certain Democratic presidential candidates—who voted for that October resolution cannot now claim that they were deceived, as some of them do. By unlawfully ceding the war-declaring power to the president, they allowed the president to start a war against Iraq based on whatever evidence or whatever lies he chose. The members of Congress who voted for that October resolution are as complicit in this illegal war as is the president himself.

Imagine this: The United States Congress passes a resolution which states: "The President is authorized to levy an income tax on the people of the United States as he determines to be necessary and appropriate in order to pay for subsidies to U.S. oil companies." No amount of legal wrangling could make such a resolution constitutional. Article I, Section 8 of the Constitution grants the power to levy taxes exclusively to the United States Congress.

Now let us turn to reality. In October 2002, Congress passed a resolution which stated: "The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to 1) defend the national security of the United States against the continuing threat posed by Iraq; and 2) enforce all relevant United States Security Council resolutions regarding Iraq." As he determines to be necessary and appropriate.

Congress cannot transfer to the president its exclusive power to declare war any more than it can transfer its exclusive power to levy taxes. Such a transfer is illegal. These are non-delegable powers held only by the United States Congress."

I don't know enough about Constitutional law to have much to say about this, and since we've already gone to war and everything, it seems like a somewhat moot point. But it's interesting nonetheless. How does the "war loophole" apply in this situation? Isn't the president allowed to "go to war" (or some equivalent) for a certain number of days without congressional approval? Or is that only if we're specifically attacked? Like I said, I don't know about this area.