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Published online by Cambridge University Press: 27 February 2017
I am writing in response to my friend Louis Fisher's piece (89 AJIL 21 (1995)) on the legality of President Truman's commitment of troops to hostilities in Korea without specific statutory authorization. He makes a persuasive case; however, I believe there is at least equally compelling evidence for a very different conclusion. My full response will soon appear elsewhere,1 but a few brief observations may be of interest to your readers.
1 Tentatively entitled “Truman, Korea, and the Constitution: Debunking the ‘Imperial President’ Myth,” the article is scheduled to appear in the Harvard Journal of Law and Public Policy in early 1996.
2 S. Res. 167, 100th Cong., 1st Sess. (1987). In my view, the principle underlying this resolution is unsound. See Robert F. Turner, Beware the Tyranny of the Senate, Wall St. J., Feb. 22, 1988, at 20.