It’s not legal, but there is a lot of precedent for it, which usually defines law. Presidents haven’t declared war since the Korean war, so all of those military engagements weren’t acts of war since because we said so (but they still are).
Now, before we started ignoring declaring war, we still ignored “the law” frequently since at least the early 1900s maybe earlier. And, of course, we were founded by law breaking. So, breaking the law is a long American tradition.
It’s not legal, but there is a lot of precedent for it, which usually defines law. Presidents haven’t declared war since the Korean war, so all of those military engagements weren’t acts of war since because we said so (but they still are).
Now, before we started ignoring declaring war, we still ignored “the law” frequently since at least the early 1900s maybe earlier. And, of course, we were founded by law breaking. So, breaking the law is a long American tradition.