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I'm John Baxter, spending time with Professor John Yu of Civitas Institute at the University of Texas at Austin, as well as his day job,

University of California at Berkeley Law School. And for a while, he volunteered to be a member of the

U.S. government and was plunged into the warfighting of the early part of this century.

But here we are in the gray zone. Is it war? Is it crime? Is it necessary to go to Congress?

There hasn't been a declaration of war in many decades,

perhaps since the Second War itself and the famous day after the attack on Pearl Harbor.

But even then, there were questions until Germany obviated them by declaring war on the U.S.

However, we're here in the 21st century, and if we're arguing, as the president's team

seems to, that opening fire on the alleged drugboats was appropriate for warfare, does that

mean they need a declaration of war? And if it's crime, then do you open fire? I'm lost, John. Can you help me?

Well, first, John, I have the view, and this is an argument that goes back to the founding of the

Republic, whether the president can go to war abroad with or without congressional approval.

There are people who think that declare war clause means that Congress has to, in a way,

turn the key first before the president can go to war.

There are other people like me who think that declare war clause is more about international

...