I'm not sure of the legal details but didn't congress authorize the actions in Iraq and Afghanistan? Wouldn't that make us, if by implication, at war?
Even so, for anyone who doesn't think we're at war, I recommend they go visit a large ditch in the ground in downtown Manhattan and THEN say we're not at war.
We had authorized use of force in Afghanistan and Iraq. If the president wants to monitor international calls involving Iraqis and Afghanis, I have no problem with that. Of course, we have no idea if that is the case or not. That's why it is imperative that there be oversight.
And yes, we are at war... with Al Qaeda.