According to Arlen Specter.
I would like somebody to once again ask Elena Kagan if the United States is "at war." Perhaps it's not so remarkable for a prospective solicitor general to reply in the affirmative, as Kagan did during the Senate hearings for her current position.
But as an auditioning Supreme Court Justice tasked with interpreting the Constitution, her answer will have to be, "No."
Only Congress has the power to declare war, and it hasn't.