A Supreme Court to clear it up, a court that people respect.
A branch of the government thinks its actions are constitutional, the people and the elected representatives don't.
Just because we are conditioned to favor outcomes that are more inclusive and democratic, doesn't mean it is the legally compliant option.
Just because a scholar and constitutional expert has an argument, doesn't mean it is the only interpretation.
So is there a court that can take the arguments from the scholar on behalf of the people, and the arguments from the military, and make a ruling?