ACLU Sues to Expand Immigrant's Gun Rights in South Dakota

[vvvvvvv]

I don't think there was ever a Congressional declaration of war. I wouldn't want to be the test case for your theory anyway.

We haven't had a formal declaration of war since WWII.

The reason that the Courts don't intervene when called upon to do so is because there is rarely a "fully developed conflict", meaning the President is acting while Congress explicitly says "no", or the President is refusing to act when Congress explicitly says "to arms".