No abstract

No abstract

No abstract

Committee on Foreign Relations a memorandum that, despite its brevity, proved to be the fullest statement ever made of the legal case for the initiation of war in Vietnam by President Johnson.' He offered several arguments. The framers of the Constitution had qualified the war clause. They intended that the President be free to repel sudden attacks upon the United States without Congressional authorization; with the shrinking of the globe this exception had grown into a power to repel an attack on any country, even one halfway around the earth, if he considered this necessary to safeguard American interests. One hundred twentyfive historic cases of unauthorized executive use of military force supplied validating precedents for Johnson's action. The Tonkin Gulf Resolution authorized the President to make war at will in Southeast Asia. The SEATO Treaty authorized him to defend Southeast Asia against Communism. And, finally, by passing appropriation acts, the Congress had endorsed the war. President Nixon, even while withdrawing troops from Vietnam, has continued to commit more troops in smaller numbers. Similarly, he has withdrawn some of the legal justifications adduced by Meeker but has advanced others to replace the arguments that have been re

No abstract