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Congress and the President at a Constitutional Impasse

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College of William & Mary Law School William & Mary Law School Scholarship Repository Congressional Testimony Faculty and Deans 1988 The aW r Power After 200 Years: Congress and the President at a Constitutional Impasse: Hearings before the Subcommittee on War Powers of the Committee on Foreign Relations, United States Senate, One Hundredth Congress, First Session Claiborne Pell Larry Pressler Paul Simon Paul S. Sarbanes Edwin B. Firmage See next page for additional authors Repository Citation Pell, Claiborne; Pressler, Larry; Simon, Paul; Sarbanes, Paul S.; Firmage, Edwin B.; Glennon, Michael J.; Reveley, W. Taylor III; and Turner, Robert F., "The aW r Power After 200 Years: Congress and the President at a Constitutional Impasse: Hearings before the Subcommittee on War Powers of the Committee on Foreign Relations, United States Senate, One Hundredth Congress, First Session" (1988). Congressional Testimony. 3. https://scholarship.law.wm.edu/testimony/3 Copyright c 1988 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/testimony Authors Claiborne Pell, Larry Pressler, Paul Simon, Paul S. Sarbanes, Edwin B. Firmage, Michael J. Glennon, W. Taylor Reveley III, and Robert F. Turner This congressional testimony is available at William & Mary Law School Scholarship Repository: https://scholarship.law.wm.edu/ testimony/3 S. HRG. 100-1012 THE WAI POWER AFI'ER 200 YEARS: CONGRESS AND THE PRESIDENT AT A CONSTITUTIONAL IMPASSE HEARINGS BEFORE THE SPECIAL SlJBCOMMITTEE ON WAR POWERS OF THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE ONE HUNDREDTH CONGRESS FIRST SESSION JULY 13, 14, AUGUST 5, SEPTEMBER 7, 15, 16, 20, 23 AND 29, 1988 Printed for the use of the Committee on Foreign Relations U.S. GOVERNMEN'r PRINTING OFFICE 93-280 ~ V.-ASHINGTON : 1989 For sale by the Superintendent of Documents, Congressional Sales Office U.S. Government Printing Office, Washington, DC 20402 COMMITrEE ON FOREIGN RELATIONS CLAIBORNE PELL, Rhode Island, Chairman JOSEPH R. BIDEN, JR., Dela... are JESSE HELMS, North Carolina PAUL S. SARBANES, Maryland RICHARD G. LUGAR, Indiana ALAN CRANSTON, California NANCY L. KASSEBAUM, Kansas CHRISTOPHER J. DODD, Connecticut RUDY BOSCHWITZ, Minnesota JOHN F. KERRY, Massachusetts LARRY PRESSLER, South Dakota PAUL SIMON, Illinois FRANK H. MURKOWSKI, Alaska TERRY SANFORD, North Carolina PAUL S. TRIBLE, JR., Virginia BROCK ADAMS, Washington DANIEL J. EVANS, Washington DANIEL P. MOYNIHAN, New York MITCH McCONNELL, Kentucky GERYLD B. CHRISTIANSON, Staff Director JAMES P. LUCIER, Minority Staff Director SPECIAL SUBCOMMI'ITEE ON WAR POWERS JOSEPH R. BIDEN, JR., Chairman PAUL S. SARBANES, Maryland LARRY PRESSLER, South Dakota ALAN CRANSTON, California NANCY L. KASSEBAUM, Kansas PAUL SIMON, Illinois RUDY BOSCHWITZ, Minnesota BROCK ADAMS, Washington DANIEL J. EVANS, Washington DANIEL P. MOYNIHAN, New York MITCH McCONNELL, Kentucky JOHN B. RITCH III, Majority Staff Aduisor ROBERT A. FRIEDLANDER, Minority Staff Aduisor DAVID KEANEY, Committee Counsel (II) • CONTENTS JULY 13, 1988 hp Eagleton, Hon. Thomas F., former Senator from Missouri...................................... 5 Mathias, Hon. Charles McC .• Jr., former Senator from Maryland ........................ g Fascell, Hon. Dante B.. U.S. Representative from Florida ...................................... 11 Broomfield, Hon. William S .• U.s. Representative from Michigan ........................ 25 JULY 14. 1988 Schlesinger, Dr. Arthur M., Albert Schweitzer Professor. City University of New York. New York. NY.......................................................................................... .&0 McDonald, Dr. Forrest, Distinguished Research Professor of History, Universi- ty of Alabama, Tuscaloosa. AL.................................................................................. 48 AUGUS& 5, 1988 Tower, Hon. John G., former Senator from Texas, and former chairman. Senate Committee on Armed Services..................................................................... 65 Crane, Hon. Philip M .• U.S. Representative from Illinois ........................................ 67 S EPI'DOIER 7. 1988 Lakeland, Albert (Peter), fOrDleor Minority Staff Director, Senate Committee on Foreign Relations ................................................................................................... 97 Jones, Gen. David C., USAF-Ret., former Chairman. Joint Chie~ of Staff.......... 115 VSt:ft'.. ~~: ..~~~ .. ~~~.~~~.~.~::.. ~~=~~~~.~~~~~.~~~~:.. ~~~~~.. ~~~~.. ~~ 116 Scowcroft, Gen. Brent, USAF-Ret., former National Security Adviser................. 117 Emerson, J. Terry, former Legislative Assistant to Senator Goldwater ............... 131 SEPl'EMBER 15. 1988 Sofaer, Abraham D.• Legal Adviser. Department of State....................................... 142 Ford, Hon. Gerald, former President of the United States...................................... 160 8EPrEMJmR 16, 1988 Vance, Hon. Cyrus, former Secretary of State................................................. .......... 180 Richardson. Hon. Elliot L. t former Secretary of State.............................................. 183 SEPl'EMBER 20, 1988 Chayes, Abram, former Legal Adviser. Department of Stat' current Felix Frankfurter Professor of Law. Harvard Law SchooL........................................... 211 Franck, Thomas M., Professor of Law and Director, Center for International Studies, New York University School of Law; and Editor in Chief. the American Journal of International Law ................................................................. 215 Halperin, Morton H., Director, Allan Adler Legislative Counsel. and Gary M. Stem Research Associate, Washington Offi.~ American Civil Liberties Union, and Director, Center for National Security Studies................................ 221 Rotunda, Ronald D., Professor of Law, University of Illinois College of Law, Champaign, IL .............................................................................................................. 224 IV SEPl'EIIBEK 23, 1988 Carlucci, Hon. Frank A., m, Secretary of Defense ................................................... 246 Crowe, Adm. William J., Jr., USN, Chairman, Joint Chiefs of Staff..................... 252 Henkin, Louis, Esq., University Professor Emeritus, Columbia University School of :Law, New York, NY ................................................................................... 272 Bond, James, Esq., Dean, University of Puget Sound School of :Law, Tacoma, WA.................................................................................................................................. 280 Goldsmith, William M., former Emeritus Associate Professor of American Studies, Brandeis University, Providence, RI......................................................... 281 SEPrDIBER 29. 1988 Firmage, Edwin B., College of :Law, University of Utah, Salt Lake City, UT...... 290 Glennon, Michael J., Professor of :Law, University of California, Davis, Law School, Davis, CA ......................................................................................................... 292 Turner, Robert F., Associate Director, Center for :Law and National Security. University of Virginia :Law School. Charlottesville, VA ...................................... 295 Reveley, William Taylor, ill, &;q., practicing attorney and author, Richmond. VA................................................................................................................................... 300 Friedman, David S., Esq., practicing attorney and author, New York. NY......... 322 Nathan, James, Professor of International Relations. Department of Political Science, University of Delaware, Newark, DE....................................................... 326 Rice, Charles E., Professor of :Law, University of Notre Dame Law School, Notre Dame, IN ............................................................................................................ 329 Weiss, Peter, Esq., Vice President. Center for Constitutional Rights. New York, NY........................................................................................................................ 331 APPENDIX The War Powers Resolution. 1973 ............................................................................... 341 Proposed War Powers Resolution Amendments of 1988. S.J. Res. 323. text of... 346 Pell, Senator Claiborne, prepared statement, July 13, 1988 ................................... 363 Eagleton, Thomas F., prepared statement, July 13, 1988........................................ 364 Adams, Senator Brock, prepared statement. July 13. i988 .................................... 367 Pressler, Senator :Larry: Prepared statement, July 14. 1988 ....................................................................... 368 Prepared statement, July 16, 1988 ....................................................................... 369 Rotunda, Ronald D., et al.: Treatise on Constitutional Law. 1988 pocket part. chapter 6 ......................... 371 Treatise on Constitutional Law, chapter 6 ......................................................... 383 Glennon, Michael J., United States Mutual Security Treaties: The Commit- ment Myth, Columbia Journal of Transnational Law, vol. 24, 1986, No.3 ..... 447 Reveley, William Taylor, m: Prepared statement, September 29, 1988............................................................ 491 War Powers of the President and Congress: Who Holds the Arrows and Olive Branch? chap. XI,
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