http://www.ronpaullibrary.org/document.php?id=77
An interesting point of view on the matter, don't you think?
With all due respect to Ron Paul (who I actually like), I don't believe it's that simple. The article brought these thoughts to my mind:
Although Congress has the exclusive right to declare war, does that mean that the only time the President can use military force is upon a declaration of war? If so, this brings up a couple of interesting thoughts in my mind.
Some Founders, such as John Adams and Thomas Jefferson agreed with the use of the military against the Barbary Corsairs, all without the "declaration of war" against them. So, did the people who just wrote the Constitution immediately defy what they just enacted? After all, it was their intent which gives meaning to the powers enacted by the Constitution.
Secondly, the old USSR screwed up what China now has a chance to do: they can wait till a Congressional recess when all of the Federal legistature goes back to their constitutant states and attack us with nuclear weapons without fear of retaliation. Congress would never get back to D.C. in time to declare war to "authorize" a retaliatory strike, and they would be unharmed.
In this case, the only thing that the Congress could do, is to set a legal standard for an automatic declaration of war so that the President could utilize the nuclear arsenal, or for any invasion or attack on the United States. Or any other use of force as they see fit. Which is exactly what they did with the War Powers Act.
So, without any definitive guidance by the Founders as to what the nature of the ability to of the President, as Commander in Chief, to utilize the military, I would say that, based on the Separation of Powers, he has the ability to utilize it as he sees fit. Congress in turn can "defund" the military if it doesn't like how he is utilizing it. Or if they believe that how he is using it is an impeachable offense, they may do so.
Now, in terms of what Ron Paul calls the "unconstitutional" War Powers Act, I have heard the argument that it is not Congress' deferment of "war declaration" which makes it unconstitutional, but Congress' interference in an Executive Branch power that does so. The more I think about it, the more I actually agree with that interpretation.
So, I have to say that, even if I agreed with Ron Paul in principle about the ability of the President to authorize military force, it hardly goes to show that what is occuring is unconstitutional.