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FOREWORD

In recent years the issue of the war powers of the Congress and the President has received special attention. It was clear that a broad consensus existed in the House of Representatives for legislation which would clarify more precisely this constitutional question.

During March 1973 the Subcommittee on National Security Policy and Scientific Developments held 6 days of hearings on the issue. These hearings complemented those held by the subcommittee in 1970 and 1971. As a result of those earlier considerations and subsequent full committee action, the House of Representatives overwhelmingly approved war powers legislation three times in the past two Congresses. Unfortunately, however, full congressional approval was precluded by the Senate's failure to act in the 91st Congress and by the inability of conferees to reach agreement late in the 92d Congress.

Undeterred by these earlier developments, the House of Representatives in the 93d Congress demonstrated its renewed determination to pass meaningful and effective war powers legislation. That fact is amply evident in the more than 30 bills and resolutions representing approximately 12 different approaches to the question which were considered during the hearings recorded in this document.

On the basis of renewed understanding provided in the hearings and following several extensive and thorough open markup sessions, the subcommittee on May 2 approved a clean resolution for full committee action. The text of that resolution, House Joint Resolution 542, appears in the appendix to this volume.

The safeguards provided in this legislation will, I believe, restore to the Congress its rightful role in the area of war powers—the role which was envisaged by our Founding Fathers when they wrote the Constitution.

Hopefully, the testimony, comments, observations, and varied views presented by our colleagues, constitutional lawyers, historians, and academicians will be of assistance as this legislation is considered by the Committee on Foreign Affairs and the Congress. Undoubtedly, by enacting war powers legislation the Congress will demonstrate its commitment to the responsibilities we have as Members of Congress and representatives of the American people.

CLEMENT J. ZABLOCKI,
Chairman, Subcommittee on National Security Policy and

Scientific Developments.

CONTENTS

LIST OF WITNESSES

265

38

MATERIAL SUBMITTED FOR THE RECORD
Colloquy between Senators Dole and Eagleton, Congressional Record,

June 23, 1970.--
Speech by Senator Eagleton on the floor of the Senate regarding the War

Powers Act, Congressional Record, January 18, 1973-

Responses by Mr. Charles Brower to questions submitted by Mr. Fraser.--

Letter from Director of the CIA to the Honorable F. Edward Hébert,

Chairman of the Committee on Armed Services, House of Representa-

tives regarding congressional access to information in the executive

branch.

66

135

WAR POWERS

WEDNESDAY, MARCH 7, 1973
HOUSE OF REPRESENTATIVES,
COMMITTEE ON FOREIGN AFFAIRS,
SUBCOMMITTEE ON NATIONAL SECURITY
POLICY AND SCIENTIFIC DEVELOPMENTS,

Washington, D.C. The subcommittee met at 10 a.m., in room 2200, Rayburn House Office Building, Hon. Clement J. Zablocki (chairman of the subcommittee) presiding.

Mr. ZABLOCKI. The subcommittee will please come to order. Today the Subcommittee on National Security Policy and Scientific Developments opens 6 days of hearings on pending bills and resolutions concerning the war powers of Congress and the President.

These hearings are a follow-on and complement to extensive hearings on the same subject held by the subcommittee in 1970 and 1971. As a result of those hearings, the subcommittee drafted war powers legislation which passed the House of Representatives in both the 91st and 92d Congresses.

Subsequent failure by the Senate to act in the 91st Congress and a parliamentary snarl in the 92d Congress prevented agreement.

Consequently, with the convening of the 93d Congress an updated and strengthened resolution was introduced as House Joint Resolution 2. That resolution and a number of other proposals which have been introduced on the subject of war powers will be considered during these hearings.

SENATOR JAVITS FIRST WITNESS

Our first witness this morning is the Honorable Jacob Javits. First elected to the Senate from the State of New York in 1956, he has served his State and the Nation with distinction over the years.

As an alumnus of the House and of our committee, Senator, we welcome you. You have, together with Senators Stennis and Eagleton been a leader in the war powers area. We look upon you as an expert though we may not agree with you fully.

It is a pleasure to welcome you before the subcommittee.

STATEMENT OF HON. JACOB K. JAVITS, A U.S. SENATOR FROM THE

STATE OF NEW YORK

Senator JAVITS. Thank you, Mr. Chairman. I greatly appreciate your remarks. Congressman Findley said I was coming home, which is quite correct; I was a member of this committee when I was in the House of Representatives.

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