JX 4552 / UV U.S.B. 91st Congress 14. F76/1: Ar 5/6/970/c.2 91-2 STANFORD BACKGROUND INFORMATION ON THE USE OF UNITED STATES UNIVERSITY COUNTRIES 1970 Revision by the Foreign Affairs Division, OCT 1970 Legislative Reference Service, DIVIS Library of Congress FOR THE DOCUS Committee on National Security Policy and Scientific Developments OF THE Committee on Foreign Affairs Printed for the use of the Committee on Foreign Affairs Reproduced by the Library of Congress, Legislative Reference Service, FOREWORD The question of the proper roles of the executive and legislative branches in a decision to engage United States armed forces in military action has become a serious national issue in light of the current public debate on the extent of U.S. involvement throughout the world. The issue is not a new one, however. The same basic constitutional and legal problems, which are being discussed today in regard to Southeast Asia, have been debated before in the nation's history. For instance, they were discussed two decades ago in regard to the conflict in Korea and the dispatch of troops to Europe. At that time, during the so-called "Great Debate" of 1951, the House Committee on Foreign Affairs requested that two consultants on its staff, George Lee Millikan and Sheldon Kaplan, prepare an analysis of the issues involved in the use of United States armed forces in foreign countries. The resulting report proved to be a useful contribution to the national discussion of the issue. It has, however, long been out of print. With the revival of the national debate over the proper exercise of the war powers in 1970, the Subcommittee on National Security Policy and Scientific Developments began an intensive study of legislation which had been introduced into the House defining more precisely the rights and prerogatives of each branch of government in the war-powers area. As part of that effort, we asked the Foreign Affairs Division of the Legislative Reference Service, Library of Congress, to bring the earlier report up to date. While basic constitutional issues remain the same, many developments have occurred since the report's first publication which bear directly on the problem. This revision was prepared under the direction of Charles R. Gellner, Chief of the Foreign Affairs Division, and Ellen C. Collier, Specialist in U.S. Foreign Policy. Other contributors were Donald S. Bussey, Ernest S. Lent, Allan S. Nanes, and Lencice N. Wu. The publication includes a brief analysis of the various constitutional provisions relating to the President's and Congress' powers to make war and to maintain and deploy U.S. armed forces abroad. It makes liberal use of excerpts from relevant documents, texts of important statements, citations of court decisions and quotations from authorities on the subject. It also includes an historical listing of instances where use has been made of United States armed forces in foreign countries, with pertinent congressional action in major instances which were not declared wars. The material presented here is not intended to cover all possible issues involved in the question under consideration; the purpose is to deal with several important phases of the subject and to present interpretations reflecting varying points of view. (III) It is the hope of the subcommittee that revision and republication of this document will provide a valuable source of information to the members of Congress and to the public who are attempting to come to grips with the complex questions posed by the concurrent jurisdiction over warmaking given to Congress and the President by the Constitution. CLEMENT J. ZABLOCKI, Chairman, Subcommittee on National Security Policy and Scientific CONTENTS Page II. The International Framework. B. Action Under Treaty Obligations.. C. The United Nations Charter.. III. The Constitutional Framework.......... A. The Sharing of Powers Between the President and Congress. B. Nature of the President's Powers as Commander in Chief.. C. Nature of the Congressional Power to Declare War. IV. Precedents in the Use of Forces Beyond the National Boundary. A. Protection of Lives and Property.-- B. Defense Against Invasion or Threats to National Safety- C. Protection of the National Interests of the United States and Support of United States Foreign Policy- D. Stationing of United States Forces Abroad in Time of Peace_- B. The Militia Clause and Use of the Reserve Components.. VI. Congressional Authorization without a Declaration of War. A. The Formosa Resolution, 1955.. B. The Middle East Resolution, 1957- C. The Cuban Resolution, 1962_ D. The Berlin Resolution, 1962- E. The "Gulf of Tonkin" Resolution, 1964. Appendix I-Major U.S. Armed Actions Overseas, With Relevant Con- (V) |