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The president’s power as military commander in chief, in time of constitutionally authorized war, of course includes the power to intercept enemy communications, including enemy communications with persons here in the United States who may be in league with the enemy, and to follow the chain of such communications where it leads, in order to wage the war against the enemy and, of vital importance, to protect the nation against further attacks.
That sounds reasonable.
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Congress did not declare war in the constitutional sense of issuing a war powers resolution or declaration of war.
They took a lesser step...an Authorization for Use of Military Force
Does an AUMF = a Constitutional (Authorized) Declaration of War?
It certainly doesnt look to me like that an AUMF has the same broad authority...but I'm not a constitutional lawyer.
IMO, the precedent is dangerous.
And it screams for the judiciary to make a judgement...not the past, present or future presidents.