of course it's a war. people's lives are being put at risk. >> about you he is the commander in chief, right? >> you know what? yes, but that doesn't go into effect until the congress authorizes a war, and he's not only -- the administration has not only abided by the constitution, not even abiding by the war powers act, but exceeded the u.n. mandate. it -- you with go after gadhafi's army, because eventually you're going to go into civilian areas where people support gadhafi. >> since world war ii, the u.s. has acted militarily against other countries without a formal declaration of war being approved. the supreme court has said that's okay. >> well, you know what? the supreme court actually has left this contest open between congress and the administration sbu there's a difference. when the stakes are as high as they are in the region.