Charles Lofgren of Claremont McKenna College remarked nearly 40 years ago in a classic article titled "Mr. Truman's War":
Because the Truman Administration did not seriously maintain that the various resolutions of the [U.N.] Security Council provided a substitute for a congressional declaration of war, the issue in the debate over the legality of the Korean intervention was whether the President had properly exercised his powers as Commander-in-Chief.
Lofgren concluded with some wisdom that is conspicuously lacking in the "Constitution Project," Representative Jones, and George Will:
Both sides in the Korean debate conceded that the President could act, without Congress, to counter an immediate, dangerous threat to American interests and security. Thus the real issue became (and remains): What constitutes such a threat? To answer that question takes one beyond the province of constitutional law.
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