My problem with the war on terror was that it was a war created out of whole cloth by Bush. There is no declared war, and there is no clear enemy, much like Reagan's War on Drugs. Of course, the one attack was used as an excuse to attack Iraq, and is being used as an excuse to suspend or violate whatever treaty or law Bush likes. All this over one attack, and largely a unilateral move by the White House crowd. Sure, a toothless congress rubber stamped some action, but that's just political cover for all involved. Congress never had a spine and Bush new it. Had congress shown some spine, he wouldn't have asked for anything up front. The UN didn't back him and he ignored the UN.

Can any president decide that an amorphous non-national ideology is sufficient reason to break all the rules?

As for there being no attacks since 9/11, there weren't any for ten years before that by this group. The most recent terrorist attacks prior to 9/11 were Oklahoma City and the Atlanta Olympics bombing. Both of those were right wing white guys. Saying there have been no attacks is just a form of propaganda. For one thing, it ignores the statistical history of terrorist attacks, and for another it makes sure that terrorists are defined as "others", when in fact the majority of attacks on Americans have been by Americans.