[link|http://thomas.loc.gov/cgi-bin/query/z?c107:H.J.RES.64:|Here's] the House copy of the Joint Authorization for Use of Military Force:
JOINT RESOLUTION
To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.
Whereas on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens;
Whereas such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States
citizens both at home and abroad;
Whereas in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence;
Whereas such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and
Whereas the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United
States: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the `Authorization for Use of Military Force'.
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
(b) WAR POWERS RESOLUTION REQUIREMENTS-
(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.
I wouldn't make too much of the war powers notice. The War Powers Act is law which covers Presidental war-making actions. They're simply explicitly mentioning that it's still active.
It seems to me that this joint resolution is close enough to a declaration of war for the constitutional requirements to be met as far as use of force goes. And it avoids the problems of an international legal declaration of war against a country or countries that we couldn't identify at the time.
On the civil-liberties issue, this resolution doesn't (it seems to me) address that, but AFAIK a declaration of war wouldn't necessarily either. See, e.g., [link|http://www.law.ou.edu/hist/japwar.html|the declaration of war against Japan].
Cheers,
Scott.