On the recordMay 3, 1999
yes, I am. In the one case in Vietnam, it was given through the Tonkin Gulf. In Korea, I don't think it is constitutionally--by the way, I am not alone in this. I happen to teach--it does not make me an expert, but I happen to teach constitutional law and separation of powers now in law school. I can assure you one thing: The vast majority of constitutional scholars agree with me. The point being, you do not need to declare war. As Louis Henkin, who wrote the Restatement of International Law, pointed out, it does not require a declaration of war; it requires a consent of the Congress, which is equivalent to the authority required, just like what we did in the Persian Gulf. When the Congress went on record granting the authority to the President to use the force in the resolution, that is the equivalent of a declaration of war. All constitutional scholars agree on that point.
Source
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