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COMMITTEE ON FOREIGN AFFAIRS

THOMAS E. MORGAN, Pennsylvania, Chairman

CLEMENT J. ZABLOCKI, Wisconsin
WAYNE L. HAYS, Ohio

L. H. FOUNTAIN, North Carolina
DANTE B. FASCELL, Florida
LEONARD FARBSTEIN, New York
CHARLES C. DIGGS, JR., Michigan
WILLIAM T. MURPHY, Illinois
CORNELIUS E. GALLAGHER, New Jersey
ROBERT N. C. NIX, Pennsylvania
JOHN S. MONAGAN, Connecticut
DONALD M. FRASER, Minnesota
BENJAMIN S. ROSENTHAL, New York
EDWARD R. ROYBAL, California
JOHN C. CULVER, Iowa
LEE H. HAMILTON, Indiana
JOHN V. TUNNEY, California
ABRAHAM KAZEN, JR., Texas
LESTER L. WOLFF, New York
JONATHAN B. BINGHAM, New York
GUS YATRON, Pennsylvania

E. ROSS ADAIR, Indiana

WILLIAM S. MAILLIARD, California
PETER H. B. FRELINGHUYSEN, New Jersey
WILLIAM S. BROOMFIELD, Michigan

J. IRVING WHALLEY, Pennsylvania
H. R. GROSS, Iowa

E. Y. BERRY, South Dakota
EDWARD J. DERWINSKI, Illinois
F. BRADFORD MORSE, Massachusetts
VERNON W. THOMSON, Wisconsin
JAMES G. FULTON, Pennsylvania
PAUL FINDLEY, Illinois
JOHN BUCHANAN, Alabama
ROBERT TAFT, JR., Ohio
SHERMAN P. LLOYD, Utah
J. HERBERT BURKE, Florida
WILLIAM V. ROTH, JR., Delaware

BOYD CRAWFORD, Staff Administrator
ROY J. BULLOCK, Senior Staff Consultant
ALBERT C. F. WESTPHAL, Staff Consultant
FRANKLIN J. SCHUPP, Staff Consultant
HARRY C. CROMER, Staff Consultant
PHILIP B. BILLINGS, Staff Consultant
MARIAN A. CZARNECKI, Staff Consultant
MELVIN O. BENSON, Staff Consultant
EVERETT E. BIERMAN, Staff Consultant
JOHN J. BRADY, Jr., Staff Consultant
JOHN H. SULLIVAN, Staff Consultant
ROBERT J. BOWEN, Clerical Assistant
JUNE NIGH, Senior Staff Assistant
HELEN C. MATTAS, Staff Assistant
HELEN L. HASHAGEN, Staff Assistant

LOUISE O'BRIEN, Staff Assistant

DORA B. MCCRACKEN, Staff Assistant

JEAN E. SMITH, Staff Assistant
NANCY C. PEDEN, Staff Assistant

PAULA L. PEAK, Staff Assistant
DIANE GALLAGHER, Staff Assistant

SUBCOMMITTEE ON NATIONAL SECURITY POLICY AND SCIENTIFIC DEVELOPMENTS

[To deal with all matters affecting our foreign relations that concern matters of national security and scientific developments affecting foreign policy, including the national space program, mutual defense, and the operation of our high strategy generally]

CLEMENT J. ZABLOCKI, Wisconsin, Chairman

WAYNE L. HAYS, Ohio
ROBERT N. C. NIX, Pennsylvania
L. H. FOUNTAIN, North Carolina
CORNELIUS E. GALLAGHER, New Jersey
DONALD M. FRASER, Minnesota

VERNON W. THOMSON, Wisconsin
WILLIAM S. BROOMFIELD, Michigan
PAUL FINDLEY, Illinois
JAMES G. FULTON, Pennsylvania
ROBERT TAFT, JR., Ohio

JOHN H. SULLIVAN, Staff Consultant
JUNE NIGH, Senior Staff Assistant

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 Leneice 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.

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 Developments, Committee on Foreign Affairs.

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