Noel, the war/not-war question can be argued both ways. Different sets of rules apply, and the legal condition of being at war is distinct from the rhetorical War Against Terror.

The trouble is that the situation seems to be being manipulated by the US Government. When they want to do things, like tear up the constitution and use it as an ass-wipe, the US is at war, and the president has dictatorial powers. And if the state of War gets in the way of doing something, it's not-war, and the enemy are "illegal combatants", and they're not safeguarded by any requirement for a trial. US Constitution? Nope, there's a war on.