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U.S. COMMITMENTS TO FOREIGN POWERS

HEARINGS

BEFORE THE

COMMITTEE ON FOREIGN RELATIONS

UNITED STATES SENATE

NINETIETH CONGRESS

FIRST SESSION

ON

S. Res. 151

RELATING TO UNITED STATES COMMITMENTS TO

'FOREIGN POWERS

AUGUST 16, 17, 21, 23, AND SEPTEMBER 19, 1967

DAIVERSITY

STANFORD

DEC 1982

GOVT

LINZWIŠVADO

DOCUME:

Printed for the use of the Committee on Foreign Relations

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1967

83-230

For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington, D.C. 20402 - Price $1.00

COMMITTEE ON FOREIGN RELATIONS

J. W. FULBRIGHT, Arkansas, Chairman JOHN SPARKMAN, Alabama

BOURKE B. HICKENLOOPER, Iowa MIKE MANSFIELD, Montana

GEORGE D. AIKEN, Vermont WAYNE MORSE, Oregon

FRANK CARLSON, Kansas ALBERT GORE, Tennessee

JOHN J. WILLIAMS, Delaware FRANK J. LAUSCHE, Ohio

KARL E. MUNDT, South Dakota FRANK CHURCE, Idabo

CLIFFORD P. CASE, New Jersey STUART SYMINGTON, Missouri

JOHN SHERMAN COOPER, Kentucky THOMAS J. DODD, Connecticut JOSEPH S. CLARK, Pennsylvania CLAIBORNE PELL, Rhode Island EUGENE J. MCCARTHY, Minnesota

CARL MARCY, Chief of Staff

ARTHUR M. KUAL, Chief Clerk
II

[graphic]

CONTENTS

Statements by

Paan Bartlett, Prof. Ruhl J., Fletcher School of Law and Diplomacy-.

9 Broy, Mrs. Cecil Norton, Alexandria, Va..

317 Ervin, Hon. Sam J., Jr., U.S. Senator from North Carolina..

190 Findley, Hon. Paul G., U.S. Representative from Illinois..

225 Katzenbach, Hon. Nicholas deB., Under Secretary of State. 71, 128 Holt, W. Stull, professor, University of Wisconsin.-

237 Lévitt, Judge Albert, Hancock, N.H.-

279 Montross, George M., Detroit, Mich_

304 Percy, Hon. Charles H., U.S. Senator from Illinois.

112 Insertions for the record: Text of Senate Resolution 151.,

4 "Advise, or Just Consent?”, editorial from the Philadelphia (Pa.) Evening Bulletin, August 3, 1967

4 "The Fulbright Resolution," editorial from the Boston (Mass.) Globe, August 2, 1967.-

4 "Fulbright Move Is Timely," editorial from the Los Angeles (Calif.) Time, August 2, 1967.

4 "What Is a Commitment?”, editorial from the Christian Science Monitor, August 3, 1967

5 "Lassoing the Locomotive," editorial from the National Observer, August 7, 1967.-

6 “Who Makes Foreign Policy?”, editorial from the Wall Street Journal, August 8, 1967.

8 Letter dated August 15, 1967, from Hon. William B. Macomber, Jr.,

Assistant Secretary of State for Congressional Relations, commen-
ting on Senate Resolution 151 and enclosing a list of U.S. defense
commitments and assurances

49
Text of statements by Senator Arthur H. Vandenberg, December 8
and 11, 1941.--

100 Text of President Johnson's news conference of August 18, 1967.

121 Letter to Under Secretary of State Katzenbach from Senator Fulbright, August 18, 1967-.

129 Text of President's message to Congress, August 5, 1964, regarding the Southeast Asia resolution.

135 Excerpt from Senate Committee on Foreign Relations hearings, April 27, 1949, on the North Atlantic treaty--

172 Citations from the Law of Nations, by Herbert W. Briggs

175 Letter from Under Secretary Katzenbach to Senator Eugene J. McCarthy, August 31, 1967

184 "Promotion of Peace and Stability in the Middle East,” remarks by

Hon. Sam J. Ervin, Jr., February 20, 1957, in the Congressional
I ecord.

200 Text of President Johnson's address to the Nation, August 4, 1964,

regarding the Gulf of Tonkin incident Prepared statement of Hon. Paul G. Findley

228 Statement of Hon. Peter H. Dominick, U.S. Senator from Colorado. 236 Letter to Hon. Dwight D. Eisenhower from former Senator Arthur V.

Watkins, March 12, 1954, enclosing the latter's remarks in the
Senate, February 19, 1952-

260 Extension of remarks in the Senate of Hon. Robert A. Taft, January

29, 1952, submitting the article, “War by Executive Order," by
Senator Arthur V. Watkins..

268
Excerpts from "The Mandate for Change,” by former President Dwight
D. Eisenhower..

275 Biographic sketch of Judge Albert Lévitt.

277 Prepared statement of Judge Lévitt

280

208

Insertions for record--Continued

Prepared statement of George M. Montross -

Prepared statement of Mrs. Cecil Norton Broy.

Excerpt from the U.S. Constitution..

Letter from Robert C. Hill, former U.S. Ambassador to Mexico and

Assistant Secretary of State, to Senator Fulbright, September 13,

1967.----

Summary index.

318

323

U.S. COMMITMENTS TO FOREIGN POWERS

WEDNESDAY, AUGUST 16, 1967

UNITED STATES SENATE,
COMMITTEE ON FOREIGN RELATIONS,

Washington, D.C. The committee met, pursuant to notice, at 10 a.m., in room 4221 New Senate Office Building, Senator J. W. Fulbright (chairman) presiding.

Present: Senators Fulbright, Gore, McCarthy, Hickenlooper, Carlson, Mundt, Case, and Cooper.

OPENING STATEMENT

The CHAIRMAN. The committee will come to order.

We meet today to begin a series of hearings on the state of Congress' constitutional role on the making of American foreign policy. The occasion is Senate Resolution 151 which purports to define a national commitment as an undertaking carrying in one form or another the endorsement of Congress. Our purpose which goes beyond the present resolution is to evaluate the responsibilities and current roles of Congress and of the Executive in the making of foreign policy, the changes which have taken place in the respective roles of the two branches in recent decades, the reasons for these changes, and their effects upon our constitutional system.

For purposes of this evaluation, we have requested the assistance of interested Senators, our representatives of the Executive branch, and of distinguished academic persons such as today's witness.

On the basis of what is learned in these hearings, it is possible that the committee will wish to confirm Senate Resolution 151 in its present form or that it will wish to amend it, abandon it, or replace it with some other legislative instrument. In this respect I believe I can speak for my colleagues in saying that the committee approaches the present inquiry with an open mind. For myself I think it well to make clear at the outset that I have certain predilections. I will, of course, be pleased if even indirectly these hearings encourage the Administration to reconsider its war policies. I am deeply concerned, however, with the constitutional question to be considered in these hearings. The fact that the war in Vietnam is related to the constitutional problem does not mean that the latter is merely a facade for pressing opposition to the war. It means only that this war, which I oppose so deeply, and events connected with it, such as the adoption of the Gulf of Tonkin resolution in 1964 and other events such as the Dominican intervention of 1965, have aroused in me an awareness of institutional problems that I probably should have had before, but in fact did not.

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