By the way, Congressman Clueless, the U.S. Constitution does NOT say that the military gets to declare war. It does NOT say the President gets to declare war. No, here's what the U.S. Constitution DOES have to say on this subject:
Section 8. The Congress shall have power to...declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; provide and maintain a navy; make rules for the government and regulation of the land and naval forces...[and to] make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Still confused, Congressman Clueless?
[UPDATE: This issue is far from moot; the Guardian newspaper reports this morning that "Despite denials, Pentagon plans for possible attack on [Iranian] nuclear sites are well advanced." According to Eric Cantor, Congress should not play a role in this decision to go to war. Well, ain't that just wonderful?]
Even the statement by some that Congress can only reign in the Presidents by cutting funding seems at odds with the explicit Constitutional War Powers.
Congress cannot dictate tactical maneuvers, but historically it has been able to set parameters under which a war is conducted (the Quasi-War with France in the first decade of the Republic being an often cited example).
The Constitution is clear on granting Congress explicit war powers.
If Cantor ever throws out comments about "activist judges just making up laws" he should be asked about his statement on Hardball. There isn't even an implicit understanding of the Constitution that would give commanders in the field this ability.
In addition, the Senate advises and consents on important military appointments, which is why Lt. Gen. David Petraeus was on Capitol Hill this month for confirmation as the general in command of U.S. forces in Iraq.
Scalia said Congress should stop being so wimpy on war. "Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it."