SIOP,
Even in the 17th century, war by committee was known not to be effective, and it has been long recognized that a single decision maker was needed to deal with rapidly evolving military situations. .
Delegating the implementation of military force to the constitutionally mandated commander-in-chief is entirely appropriate.
Circumscribing the conditions under which said force may be wielded is also appropriate, as is granting the CIC latitude in selecting the military means.
That's what commander-in-chiefs are for, and it takes a real distortion in thinking to view it as unconstitutional delegation.
I'm afraid that your apparent desire to declare the Iraq war unconsitutional, and somehow bind it to other constitutionally dubious issues just doesn't wash.
Whichever side of the just/unjust debate you fall on, it's pretty hard to argue that constitutional forms have not been followed, unless you want to obsess over the 3 word talisman "declaration of war".
If you really wanted to attack the constitutionality of the Iraq war, a better venue would be to attack whether the _congress_ was within it's powers in the first place to pass the legislation, in that any legislation passed must be "necessary and proper for carrying into Execution the foregoing Powers...", as this clause ultimately limits congressional powers to constitutionally valid endeavors.
That's a pretty tough argument to stake, however, as it involves a lengthy and brittle chain of logic, and isn't likely to succeed.
The other erroneous notion you and many others labor under is the "treaties trump the constitution" fallacy, which has been dealt with in depth elsewhere.
Long story short: The primacy clause in Article VI provides that:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Constrains legislation and treaties 3 ways:
-They must be made in pursuance thereof, which means made in conformance with constitutionally granted enumerate powers which may not transgress reserved rights,
-They must be under the Authority of the powers granted, which is circumscribed
-judges are bound to the Constitution, in spite of the contents of any state, federal law, treaty, or subsequent amendment that say they aren't.
The bottom line is that treaties may not trump the Constitution or Bill of Rights, and any foriegn (or domestic) troopers running around under foreign authority and the pretext of a treaty confiscating arms can be pretty much shot on sight.
In fact, it's arguably true that having a militia duty, you'd be constitutionally required to do so
, but that is an amusing digression.
Perhaps next time you are taking a break from your mall cop job you could drop by a book store and find a copy of the U.S. Constitution and read it. Also look for a copy of the Federalist Papers at the same time, as it may help you to understand what the Constitution means and what the framers' intent was.
I think that's great advice. Reading the Constitution's a great idea, and a positive step towards UNDERSTANDING it.