re: Limiting Boundaries of War
In addition to the text of the constitution already pointed out, two Supreme Court cases come to mind that can limit and define a war.
Little v. Barreme - This case holds that a President has no power to override a statute passed by Congress. Congress had passed a law that said you could only capture American ships going to France. However, the Executive ordered the troops to seize ships going towards or leaving France. They seized a ship leaving France. This was in violation of the statute Congress had passed and the order was found to be illegal.
- The AUMF is broad and I do not believe it limits the President in any way. However, if there are other statutes that limit the President, he is bound to follow the law.
Bas v. Tingy - This case holds that Congress can limit a war (they can declare a limited or general war). Congress can limit the war in time, place, manner, ect.
- The AUMF does not limit the war, except that there must be some connection to 9/11. It does not limit to where force can be deployed, it does not limit it to who force can be deployed against.
Assuming the man’s and his associates actions in this case constitute an armed conflict in Yemen (big assumption), it appears as if Congress has authorized and not limited the President’s ability to kill him as a measure of first resort.