Fine then, define war , such that the struggle with Al Quieda doesn't count.
Are we at war with al-Qaeda? Have we declared war on al-Qaeda? I don't recall that event. As I recall, we are supposedly in a "war on terror". War, generally speaking would be "a conflict carried on by force of arms, as between nations or between parties within a nation; warfare, as by land, sea, or air." Possibly one could argue we are in a such a conflict with al-Qaeda. We are not in such a conflict with "terror". Now if you want to do away with the notion of a "war on terror" and pursue merely a war on al-Qaeda, we can have that argument. But if we're going to start demanding definitions, then you need to settle on whether we're talking about the supposed "war on terror" or just al-Qaeda. The two are not interchangeable.
Public Law 107-40
107th Congress
Joint Resolution
To authorize the use of United States Armed Forces against those
responsible for the recent attacks launched against the United
States. <<NOTE: Sept. 18, 2001 - [S.J. Res. 23]>>
Whereas, on September 11, 2001, acts of treacherous violence were
committed against the United States and its citizens; and
Whereas, such acts render it both necessary and appropriate that the
United States exercise its rights to self-defense and to protect
United States citizens both at home and abroad; and
Whereas, in light of the threat to the national security and foreign
policy of the United States posed by these grave acts of violence;
and
Whereas, such acts continue to pose an unusual and extraordinary threat
to the national security and foreign policy of the United States;
and
Whereas, the President has authority under the Constitution to take
action to deter and prevent acts of international terrorism against
the United States: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, <<NOTE: Authorization for Use
of Military Force. 50 USC 1541 note.>>
SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ``Authorization for Use of
Military Force''.
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.
(a) <<NOTE: President.>> In General.--That the President is
authorized to use all necessary and appropriate force against those
nations, organizations, or persons he determines planned, authorized,
committed, or aided the terrorist attacks that occurred on September 11,
2001, or harbored such organizations or persons, in order to prevent any
future acts of international terrorism against the United States by such
nations, organizations or persons.
(b) War Powers Resolution Requirements.--
(1) Specific statutory authorization.--Consistent with
section 8(a)(1) of the War Powers Resolution, the Congress
declares that this section is intended to constitute specific
statutory authorization within the meaning of section 5(b) of
the War Powers Resolution.
[[Page 115 STAT. 225]]
(2) Applicability of other requirements.--Nothing in this
resolution supercedes any requirement of the War Powers
Resolution.
Approved September 18, 2001.