Certainly the president must have the power and authority to launch our military on a moment's notice, especially if we are attacked with ICBMs. I myself don't know the Constitution and other relevant law well enough to comment as you have, but I do think that if it were illegal for any president to send the military in without a declaration of war, certainly someone would have raised a bigger fuss about it by now. So I'm fairly satisfied that it must be at least legal.
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