"Seven years after the Sept. 11 attacks, Mr. Bush's advisers assert that many Americans may have forgotten that. So they want Congress to say so and "acknowledge again and explicitly that this nation remains engaged in an armed conflict with Al Qaeda, the Taliban, and associated organizations, who have already proclaimed themselves at war with us and who are dedicated to the slaughter of Americans."

"The language, part of a proposal for hearing legal appeals from detainees at the United States naval base at Guantanamo Bay, Cuba, goes beyond political symbolism. Echoing a measure that Congress passed just days after the Sept. 11 attacks, it carries significant legal and public policy implications for Mr. Bush, and potentially his successor, to claim the imprimatur of Congress to use the tools of war, including detention, interrogation and surveillance, against the enemy, legal and political analysts say.

"Some lawmakers are concerned that the administration's effort to declare anew a war footing is an 11th-hour maneuver to re-establish its broad interpretation of the president's wartime powers, even in the face of challenges from the Supreme Court and Congress.

"It is uncertain whether Congress will take the administration up on its request. Some Republicans have already embraced the idea, with Representative Lamar Smith of Texas, the ranking Republican on the Judiciary Committee, introducing a measure almost identical to the administration's proposal. "Since 9/11," Mr. Smith said, "we have been at war with an unconventional enemy whose primary goal is to kill innocent Americans."

"For Bush critics like Bruce Fein, a Justice Department official in the Reagan administration, the answer is simple: do not give the administration the wartime language it seeks.

" 'I do not believe that we are in a state of war whatsoever,' Mr. Fein said. 'We have an odious opponent that the criminal justice system is able to identify and indict and convict. They're not a goliath. Don't treat them that way.' "

The question is will the Democratic leadership find its spine or cave again to Bush to the detriment of this nation and its people.