that depends on whether you count the NDAA as a lawfully declared war or not. both are done by Congress.

But I don't know, I've never had the time to dig into NDAA, the War Powers Act, and the Constitution itself w/ regards to the other things.

And it depends on the broad strokes (Congress said so!) versus the technicalities of word phrasing (NDAA doesn't count as a "declaration)

I'm afraid I don't have an opinion; I think I'd go with the broad strokes ATM (if somebody demanded my judgement), but we are so far away from a Constitutionally sound method of keeping us safe atm, that it's all semantics to me at this point.