i know a lot of people who believe it was the 1973 war powers act itself that is unconstitutional..... rather than solving any conflict in the minds of congress between article 1 section 8 and article 2 section 2 of the u.s. constitution it merely added a 3rd layer to the confusion contrary to both articles - and resolved nothing........ both sections of the constitution allow a president to take military action without a formal declaration of war under certain circumstances..... but the actual declaration itself - which goes beyond simply authorizing military action - is the responsibility of congress...... ....whether or not any particular action of a president fits within the constitutions framework in that regard, often depends on who is looking at it - who is making a judgement... and what their own personal interests are..... ...