1.Let's just ignore that you're making up the claim that someone denied Congress declared war. NO One here contested that there was an actual declaration of war by Congress after the 9/11 attacks.(You are either confusing the Vietnam War with the Congress' AUMF or lying) It was Bush 43 who caused your confusion as they were not sure if Congress actually declared war on terrorism after 9/11/2001 or not [See:-->Schrodinger's War | Mother Jones<quoted text>
You confuse "constitutional authority" with "legal authority". A constitutional authority is that written in the Constitution. A legal authority is that written in a law.
The laws you reference do not give any constitutional authority to the president. Only the Constitution gives constitutional authority to the president.
So, now, the Democrat party line is Congress declared war.
Ok, let's just ignore that your biggest complaint used to be Congress never declared a war.
And, if you noticed, it says "Congress has the authority...." I'm assuming you know the difference between Congress and the President.
Let's read the 5th Amendment again:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
The 5th Amendment applies universally in all conditions for everyone within the boundary of authority of the Constitution except where the 5th Amendment says it doesn't apply:
"except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger"
It's important to understand this point very, very clearly.
THE EXCEPTION REFERENCED IN THE 5TH AMENDMENT NEVER APPLIES TO ANYONE NOT IN ACTIVE MILITARY SERVICE.
And, legislation is subordinate to the Constitution. If any legislation conflicts with the Constitution, the Constitution is right.
Your explanation conflicts with the Constitution.
So, which is right, what you wrote or the Constitution?
www.motherjones.com/politics/2006/11/schrodin... ; "Constitutionally, the 9-18-01 Act is a Declaration of War. Congress, not the President, has the power “to declare war,” the result of a deliberate decision by the framers of the Constitution to transfer the traditional war-initiating executive power of a king to a representative, republican legislature. The President, the framers determined, should have only the power to counter attacks on the nation—to repel and respond—but not to initiate war on his own. The President, as Commander-in-Chief, would have complete military authority to conduct war, once declared: he, and not Congress, makes the decisions as to how to wage war, including all matters of military engagement, strategy, tactics, rules of engagement, diplomacy, armistice, foreign relations with allies and adversaries, and policies toward captured enemies (including detention, interrogation, and military punishment—the subjects of so much friction in recent years). The framers’ division was clear: Congress declares wars; the President fights and concludes them." Check this out: http://www.thepublicdiscourse.com/2011/09/400...