Is Obama’s War Legal?

The Judge, filling in for Glenn Beck tonight, highlighted the idea that the Obama war in Libya is illegal.  The basics of his argument were that the Constitution gives the President the right to go to Congress for a Declaration of War when the supposed enemy  has attacked the USA, is about to or threatens to attack the USA, or can be shown to be a direct threat to the national security and sovereignty of the USA.  In the case of Libya, none of these factors are true, yet, the USA has launched 212 missiles against the sovereign state of Libya, dropped numerous bombs, attacked its navy and killed its army personnel. All of this is a usurpation of power by the President and in the Judge’s words, the spineless response of a broken Congress.