Professor Natelson does an excellent analysis of why the Libyan "War" is unconstitutional. But like any good lawyer, I have to find a way for the client to do what they want to that is legal. Some may consider it semantics and unfair, but the law has nothing to do with"being fair." Fair is where you go for cotton candy and rides, it has nothing to do with the legal universe.
Nonetheless, I think the way that the Obama administration can justify its actions in Libya is not to call it "kinetic military action" but a live fire training exercise that uses the entire Libyan country as a range. After all, if you are going to have a war, shouldn't it be two sided? Outside of a malfunction by an F-15E, there have been no losses by the US in our "Training Exercise." Therefore, it can't really be a war.
Of course, this is just further evidence that the feds are grabbing up land for their exclusive use left and right, but live fire training exercise just sounds better than kinetic military action.