War Powers: The President, the Congress, and the Question of War

By Donald L. Westerfield | Go to book overview

at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution.

Is the president bound by the concurrent resolution mentioned above? This issue is analyzed in Chapter 6.

The most unique part of the book, Part IV, goes into rather meticulous detail in revealing the communications among the executive, the Congress, and the United Nations in the Iraqi-Kuwaiti conflict. The style of this part is deliberate. It seemed that the only way to objectively reveal the level and nature of consultation between the Congress and the president was to show verbatim messages between them while concurrently interweaving the United Nations resolutions which were bases for the Desert Shield and Desert Storm "use of force" responses by President George Bush to the Iraqi invasion and its aftermath. Finally, Part V examines the issues of declared and undeclared war as they are related to the War Powers Resolution.


NOTES
1.
Jacob Javits before the U.S. Senate. Committee on Foreign Relations, Documents Relating to the War Power of Congress, the President's Authority as Commander-in-Chief and the War in Indochina, 91st Cong., 2nd Sess. ( Washington, D.C.: U.S. Government Printing Office, 1970), p. III. Hereafter in this chapter, this document will be referred to as Documents Relating to the War Power.
2.
Larry Berman, Lyndon Johnson's War: The Road to Stalemate in Vietnam ( New York: Norton, 1989); Gregory Palmer, The McNamara Strategy and the Vietnam War ( Westport, Conn.: Greenwood Press, 1978); Larry Cable, Conflict of Myths: The Development of American Counterinsurgency Doctrine and the Vietnam War ( New York: New York University Press, 1986); William Westmoreland, "Vietnam in Perspective," Military Review 59 ( January 1979): 34-43; Bruce Palmer Jr. , The 25-Year War: America's Role in Vietnam ( Lexington: University of Kentucky Press, 1984); John Ely, On Taking Up Arms and Taking Responsibility: Constitutional Lessons of Vietnam and its Aftermath ( Princeton, N.J.: Princeton University Press, 1993); Barry Blechman, The Politics of National Defense: Congress and U.S. Defense Policy from Vietnam to the Persian Gulf ( Oxford: Oxford University Press, 1990); Richard M. Nixon, "Veto of War Powers Bill," Congressional Quarterly Almanac, 1973 29 ( 1974): 90-A-91-A; Francis Wormouth , The Vietnam War: The President versus the Constitution ( Santa Barbara, Calif.: Center for the Study of Democratic Institutions, 1968).
3.
Mark Clodfelter, The Limits of Airpower: The American Bombing of North Vietnam ( New York: Free Press, 1989); see also Harry Summers Jr., On Strategy: A Critical Analysis of the Vietnam War ( Novato, Calif.: Presidio Press, 1982), and

-7-

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