The Taft Resolution deals with the problem in a more direct manner. It authorizes the President to continue the deployment of armed forces in the territory of South Vietnam as long as he deems it appropriate "to accomplish a responsible and irreversible withdrawal of such Armed Forces of the United States and the assumption by the Armed Forces of the Republic of South Vietnam at the earliest feasible date of the responsibility for the defense of the territorial integrity of the Republic of South Vietnam." It also prohibits the deployment of the forces outside of South Vietnam except as otherwise authorized (which includes a threat of attack on the Armed Forces of the U.S.)

While we would prefer a specific limited authorization rather than the back handed approach of the other proposals, we believe that the Taft Resolution goes too far in granting wide discretion to the President. In effect it affirms his Vietnamization policy and gives him full authority to continue the war as long as he deems it necessary. It would also give him discretion to repeat the Cambodian operation or a similar one in another country. We believe that such action by Congress would be contrary to the desires of the vast majority of United States citizens and contrary to the best interests of the nation.

We believe that the time has come for Congress to face the issue honestly, assume its responsibilities and direct the termination of the American participation in the hostilities within a specific time limit.

DEFINITION OF "HOSTILITIES" OR "ARMED CONFLICT"

The Eagleton and the Stennis Resolution each contain a definition which help to delineate the area of application of the resolutions. While there are differences in language, the meanings of the two are substantially the same. They include within the definitions, not only land, air and naval actions taken, but also the deployment of forces under circumstances where combat is a reasonable possibility, and also the assignment of American forces to accompany the forces of another country engaged in combat. We believe that such a definition is highly desirable as a step in avoiding situations where the Executive creates a condition likely to result in hostilities without the authority of Congress. May 18, 1971.

JOSEPH H. CROWN, Co-chairman,
HOCH REID, Director of Research.

DRAFT RESOLUTION PREPARED BY LAWYERS COMMITTEE ON AMERICAN POLICY TOWARDS VIETNAM TO CONFORM TO ACCOMPANYING MEMORANDUM

[S.J. Res., 92d Cong., first sess.]

JOINT RESOLUTION Regarding the powers of the Congress and the President to commit the Armed Forces of the United States to hostilities

Whereas the framers of the Constitution of the United States intended the separation of powers doctrine to apply to the initiation of hostilities as a means for insuring collective bargaining whenever possible, before the Armed Forces of the United States were committed to such hostilities; and

Whereas the power to declare war and to grant letters of marque and reprisal was assigned to the Congress and this power authorizes the Congress to initiate, define, and limit the scope of hostilities involving the Armed Forces of the United States; and

Whereas the power to make rules regulating and governing the Armed Forces of the United States was assigned to the Congress and this power authorizes the Congress to enact laws respecting the raising and use of such Armed Forces including their deployment in any foreign country; and

Whereas the power to appropriate moneys to support the Armed Forces of the United States was also assigned to the Congress with the requirement that no such appropriation shall be for a period of longer than two years thereby assigning to the Congress the responsibility of reviewing the use of funds for war purposes and exercising its legislative authority at least every two years, and this power authorizes the Congress to allocate funds so as to circumscribe the overall hostilities and the uses of the Armed Forces of the United States; and Whereas the Commander in Chief and Chief Executive powers were assigned to the President and these powers authorize the President to conduct hostilities initiated by the Congress and to respond to, and repel, sudden attacks on the

United States (including its territories and possessions), its Armed Forces, and, under certain circumstances, to rescue endangered citizens of the United States located in foreign countries: Now, therefore, be it

Resolved, By the Senate and House of Representatives of the United States of America, in Congress assembled, that:

SECTION 1. Except as authorized in section 2 or section 3 of this resolution, the President shall not commit the Armed Forces of the United States to hostilities. No treaty previously or hereafter entered into by the United States shall be construed as authorizing or requiring the Armed Forces of the United States to engage in hostilities without further Congressional authorization. It is specifically recognized that such treaties as the Charter of the United Nations, the North Atlantic Treaty, and the Southeast Asia Collective Defense Treaty do not authorize or require the President to commit the Armed Forces of the United States to engage in hostilities without a further authorization from both the Senate and the House of Representatives.

SEC. 2. The President is authorized to commit the Armed Forces of the United States to hostilities to the extent authorized by Congress through a declaration of war or other specific statutory authority, but authorization to commit the Armed Forces of the United States to hostilities shall not be inferred from legislative enactments, including appropriation bills, which do not specifically include such authorization.

SEC. 3. In the absence of a governing congressional authorization described in section 2, the President may commit the Armed Forces of the United States to hostilities, to the extent reasonably necessary to:

(a) repel a sudden attack against the United States, its territories, and possessions; and

(b) repel a sudden attack against the Armed Forces of the United States on the high seas or lawfully stationed on foreign territory; and

(c) protect the lives of and to evacuate citizens of the United States who are in any foreign country if their lives are being subjected to an imminent threat: Provided, That the President shall make every effort to terminate such a threat without using the Armed Forces of the United States: And provided further, That the President shall, where possible, obtain the consent of the government of such country before using the Armed Forces of the United States.

SEC. 4. The commitment of the Armed Forces of the United States to hostilities pursuant to section 3 of this resolution shall be reported promptly by the Presi dent to the Congress, together with a full account of the circumstances under which such hostilities were initiated and the reasons for initiating such hostilities, the estimated scope of such hostilities, and the justification for initiating such hostilites under the provsions of section 3. The question of continuing or terminating any such hostilities shall be decided upon by the Congress as soon as possible and not more than thirty days from the first day on which Armed Forces of the United States were committed to hostilities, under the following procedures:

(a) any bill or resolution, authorizing the continuance or termination of military hostilities, if sponsored or cosponsored by one-third of the Members of the House of Congress in which it originates, shall be considered reported to the floor of such House no later than one day following its introduction, unless the Members of such House otherwise détermine by yeas and nays; and any such bill or resolution referred to a committee after having passed one House of Congress shall be considered reported from such committee within one day after it is referred to such committee, unless the Members of the House referring it to committee shall otherwise determine by yeas and nays; and

(b) any bill or resolution reported pursuant to subsection (a) of this section shall immediately become the pending business of the House to which it is reported, and shall be voted upon within three days after such report, unless such House shall otherwise determine by yeas and nays: and

(c) in no case shall the Armed Forces of the United States be committed to hostilities under any of the circumstances described in section 3 of this joint resolution for any period exceeding thirty days after the first day on which such forces were first committed to hostilities unless the Congress has specifically authorized the use of such armed forces in such hostilities for a longer period. SEC. 5. In any case where the Armed Forces of the United States have been cominitted to authorized hostilities, the President shall, while such hostilities are in progress, report to the Congress periodically on the status of such hos

tilities, as well as on the scope and expected duration of such hostilities, but in no event shall he report to the Congress less often than every thirty days.

SEC. 6. For purposes of this resolution, the term "hostilities" includes land, air, or naval actions taken by the Armed Forces of the United States against other armed forces or the civilian forces of any other nation, the deployment of the Armed Forces of the United States outside of the United States under circumstances that present a reasonable possibility of the use of arms against the military or civilian forces of a foreign country or government or the assignment of members of the Armed Forces of the United States to accompany, command, coordinate, or participate, in the movement of regular or irregular military forces of any foreign country when such foreign military forces are engaged in any form of combat activity.

SEC. 7. The provisions of this joint resolution shall become operative upon its enactment; Provided, That on and after the date of enactment of this resolution, the activities of the Armed Forces of the United States in and over Vietnam shall be limited to the accomplishment only of the following objectives:

"(1) To bring about the orderly termination of military operations there and the safe and systematic withdrawal of remaining American armed forces by December 31, 1971;

"(2) To insure the release of prisoners of war;

"(3) To arrange asylum or other means to assure the safety of South Vietnamese who might be physically endangered by withdrawal of American forces; and

"(4) To provide assistance to the Republic of Vietnam consistent with the foregoing objectives."

N.B. If the preference be for excluding “current hostilities" from the operation of the Joint Resolution, we suggest that Sec. 7 be recast along the following lines (to preclude unintended implications):

"SEC. 7. This resolution shall not apply to hostilities commenced before the enactment of the resolution. The preceding sentence, however, shall not be deemed in any manner to confer upon the President any authority to use the Armed Forces of the United States not otherwise conferred upon the President under the Constitution or other provision of law."

Senate Joint Resolution regarding the use of the armed forces of the United States in hostilities in the absence of a declaration of war by the Congress, proposed by Senator John Sherman Cooper to accompany S. 731 or to be incorporated in S. 731 as a separate section.

JOINT RESOLUTION Regarding the use of the Armed Forces of the United States in hostilities in the absence of a declaration of war by the Congress

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever, in the absence of a declaration of war by the Congress, the President uses the Armed Forces of the United States in armed hostilities in any foreign country or whenever he believes that circumstances exist that make the use of such Armed Forces in a foreign country imminent, he shall immediately notify the Congress, if the Congress is in session, or shall immediately notify the President pro tempore and the majority and minority leaders of the House of Representatives, if the Congress is not in session, of the use or imminent use of such Armed Forces, as the case may be.

SEC. 2. Whenever the Congress has been notified by the President, or whenever the Congress has been convened under section 3 of this joint resolution after notification to those officers of the Congress referred to in the first section of this joint resolution, both Houses of the Congress shall proceed immediately to the consideration of the question of whether the Congress shall authorize the use of the Armed Forces of the United States and the expenditure of funds for purposes relating to those hostilities or imminent hostilities regarding which the Congress (or its officers) has been notified.

SEC. 3. Whenever the President pro tempore of the Senate and the Speaker of the House of Representatives receive notification from the President under the first section of this joint resolution and the Congress is not in session at the time of such notification, they shall (1) have authority to reconvene the Senate and the Houes of Representatives, respectively, for consideration of the question referred to in section 2 of this joint resolution, and (2) reconvene such Honses, after notice to all Members of Congress, not later than twenty-four hours after the President has notified the President pro tempore and the Speaker of the

House of Representatives under the first section of this joint resolution.
SEC. 4. Sections 2 and 3 of this joint resolution are enacted by Congress-

(1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, and they supersede other rules only to the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rulé of that House.

[H.J. Res. 1, 92d Congress first sess.]

JOINT RESOLUTION Concerning the war powers of the Congress and the President Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress reaffirms its powers under the Constitution to declare war. The Congress recognizes that the President in certain extraordinary and emergency circumstances has the authority to defend the United States and its citizens without specific prior authorization by the Congress.

SEC. 2. It is the sense of Congress that the President should seek appropriate consultation with the Congress before involving the Armed Forces of the United States in armed conflict, and should continue such consultation periodically during such armed conflict.

SEC. 3. In any case in which the President without specific prior authorization by the Congress

(1) commits United States military forces to armed conflict;

(2) commits military forces equipped for combat to the territory, airspace, or waters of a foreign nation, except for deployments which relate solely to supply, repair, or training of United States forces, or for humanitarian or other peaceful purposes; or

(3) substantially enlarges military forces already located in a foreign nation;

the President shall submit promptly to the Speaker of the House of Representa tives and to the President of the Senate a report, in writing, setting forth(A) the circumstances necessitating his action;

(B) the constitutional, legislative, and treaty provisions under the authority of which he took such action, together with his reasons for not seeking specific prior congressional authorization:

(C) the estimated scope of activities; and

(D) such other information as the President may deem useful to the Congress in the fulfillment of its constitutional responsibilities with respect to committing the Nation to war and to the use of United States Armed Forces abroad.

SEC. 4. Nothing in this joint resolution is intended to alter the constitutional authority of the Congress or of the President, or the provisions of existing treaties.

Passed the House of Representatives August 2, 1971.
Attest:

W. PAT JENNINGS,

Clerk.

SUMMARY INDEX

Page

Abdication of congressional power__

569

Actions preceding U.S. agreements with Soviet Union..
Adequate information to Congress__

533

612

Administration position rejected--.

517

Administration's attitude toward action on Vietnam war..
Administration's response to reconciliation____

542

502

Admission of errors by Supreme Court, Chief Executive_.

790

Authorizing U.S. participation in Indochina.

535

Balance can be restored only with support of people_-_

707

Basic philosophical issue_-_-

417

Behavioral sciences---

148