If you don't want leaks, don't tell the Democrats.

Yes, the founding fathers did not want the President alone to be able to start a war.

However, in 2001, Congress gave some of that power back to the President when they passed the AUMF.

Congress voted to authorize the President to use military force against those who had “planned, authorized, committed, or aided the terrorist attacks” or who "harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States."

In 2011 President Obama designated Qasem Soleimani a "Terrorist", so Trump had every legal right to take him out without approval from Congress.

That 2001 AUMF, directed originally directed against Al-Qaeda, has been stretched and strained over the past 18 years to justify military operations in many different countries, and has been attracting more and more criticism for exactly that reason.

I'm not saying Obama did with that AUMF was above-board, either. I think he should have gone to Congress.

That said, this would be the most strained interpretation yet. It is long past time for Congress to re-assert its authority in matters of war. Honestly, AUMFs should sunset after a certain period and require Congressional re-authorization at regular intervals, because this is just ridiculous.

However, it's clear that Trump would need, at a minimum, a fresh new AUMF to catapult into a war with Iran, re-activate the draft, and commit the million or so troops that a proper land invasion of Iran would require.

Congress would not give it to him for the simple reason that the American public does not want that. Which is exactly the point of Congress being consulted in matters of war.

As far as starting a war, Obama invaded Libya under the AUMF. He was also the first to launch airstrikes in Yemen and bombed sites in Syria, Somalia, and Pakistan. During Obama's administration, the CIA had launched 330 strikes on Pakistan alone. In comparison, his predecessor, Bush conducted a total of 51 strikes in four years.

But you are correct, while under AUMF President Trump could legally retaliate for attacks from Iran, but to actually declare war would require Congres, which he would not get.

AUMF's do sunset. He can send in additional troops, but only for 90 days and then he would need Congress's approval. During Obama's administration, Congress had extended the AUMF for operations in Iraq and Syria indefinitely. Congress has yet to revoke that authorization.

As far as a draft, I think there is even less likelihood of that. That would require Congress to pass a law to re-initiate conscription. Besides, in today's world, the need for millions and millions of combat troops is unnecessary.

I agree Congress has given up to much power to the President, the courts, and to the bureaucracy. Most regulations no longer come from Congress but rather from the alphabet of departments. The courts almost seem to make up laws rather than to determine the constitutionality of laws.

In my opinion, Congress is shirking its duty. I think Congress did this to stay out of passing laws that people didn't like. This way they have reasonable deniability.

Thank you, always a pleasure to talk to you.