COMMITTEE ON FOREIGN AFFAIRS THOMAS E. MORGAN, Pennsylvania, Chairman CLEMENT J. ZABLOCKI, Wisconsin L. H. FOUNTAIN, North Carolina LEE H. HAMILTON, Indiana ROY A. TAYLOR, North Carolina OGDEN R. REID, New York MICHAEL HARRINGTON, Massachusetts LEO J. RYAN, California CHARLES WILSON, Texas DONALD W. RIEGLE, JR., Michigan KF27 F6483 1973 WILLIAM S. MAILLIARD, California H. R. GROSS, Iowa EDWARD J. DERWINSKI, Illinois ROBERT B. (BOB) MATHIAS, California MARIAN A. CZARNECKI, Chief of Staff 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. 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 (III) Scientific Developments. Javits, Hon. Jacob K., a U.S. Senator from the State of New York.. Eagleton, Hon. Thomas F., a U.S. Senator from the State of Missouri. Fascell, Hon. Dante B., a Representative in Congress from the State Bingham, Hon. Jonathan, a Representative in Congress from the Reveley, W. Taylor, III, joint fellow of the Council on Foreign Rela- tions, and the Woodrow Wilson International Center for Scholars.. Tuesday, March 20, 1973: Stevenson, Hon. John, former legal adviser, Department of State, 265 MATERIAL SUBMITTED FOR THE RECORD Speech by Senator Eagleton on the floor of the Senate regarding the War 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 STATEMENTS SUBMITTED FOR THE RECORD BY MEMBERS OF CONGRESS Abzug, Hon. Bella S., of New York. Danielson, Hon. George E., of California Dellenback, Hon. John, of Oregon - Dickinson, Hon. Wm. L., of Alabama. Fuqua, Hon. Don, of Florida.... Goldwater, Hon. Barry, of Arizona. Horton, Hon. Frank, of New York. Mazzoli, Hon. Romano L., of Kentucky. Quie, Hon. Albert H., of Minnesota.. Railsback, Hon. Tom, of Illinois_- Statement of Prof. Raoul Berger, Harvard University Law School, Cam- bridge, Mass., in response to statement of Professor Rostow_ Reply of Prof. Eugene V. Rostow to Professor Berger's response.. An analysis of Mitchell v. Laird, a suit to enjoin and declare uncon- |