General Discussion

between Congress' war declaration power and the President's commander-in-chief role is one of the larger mistakes that the Framers made.

Congress tried to resolve it with the War Powers Resolution/Act.

Congress is confident that they are right and the Constitution supports them and the President is confident that he is right and the Constitution supports him.

Neither side is willing to put this conflict in front of the Supreme Court, as neither side is that confident of their position. A ruling by the Supreme Court would dramatically alter the balance of power when it comes to the use of the military, and neither side wants to take that risk.