Hmmm....
The power of the President as Commander-in-Chief contradicts the Declaration of War power of Congress.
The idea was that the President must be able to act as he deems good for the nation when it must be done. Congress must debate and pass bills which takes time.
The marriage of the two is that anything more than a 2-week skirmish (for example) would require Congress make a Declaration of War or give similar authorization for the President to do what he's doing or the troops must come out.
Sadly, the Founding Fathers didn't consider the complexity of the world. Korea is the largest "cease fire" in history, and we were never at war over there....it was a "police action" through the UN, circumventing the power of Congress because we sent troops to do our share of the UN mandate. Even our continued presence over there is not considered a "war" activity even though the troops are always at a state of war readiness.
Using Iraq as an example, it's gotten very muddy. We've been building up to invade for MONTHS. There's been plenty of time to declare a state of war between the USA and Iraq. It hasn't happened, but we're going to commit an act of war (even if 100% justified for preemptive protection of other and ourselves) without Congress giving a specific OK for it?
Okay, Congress has supported the "war on terrorism" in general, but is that what the Constitution calls for? Unlikely. If I remember correctly, in WWII, we declared war on Japan after Pearl Harbor. We were already at war with Germany. Why not just add Japan to the existing list? They were following the Constitution back then (if I remember correctly).
Lately, there's been a lot of erosion of the Constitution in favor of a very, very powerful executive branch. FEMA is a blatantly unconstitutional construct (read what they are authorized to do by executive order only), but they've done nothing but good work in the past so everyone thinks it's okay.
