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The Gulf of Tonkin Resolution and the War Powers Act UNLV Retrospective Theses & Dissertations 1-1-2004 Congress's failed potential: The Gulf of Tonkin Resolution and the War Powers Act Jason Andrew Frayer University of Nevada, Las Vegas Follow this and additional works at: https://digitalscholarship.unlv.edu/rtds Repository Citation Frayer, Jason Andrew, "Congress's failed potential: The Gulf of Tonkin Resolution and the War Powers Act" (2004). UNLV Retrospective Theses & Dissertations. 1719. http://dx.doi.org/10.25669/p8kc-xv3s This Thesis is protected by copyright and/or related rights. It has been brought to you by Digital Scholarship@UNLV with permission from the rights-holder(s). You are free to use this Thesis in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Thesis has been accepted for inclusion in UNLV Retrospective Theses & Dissertations by an authorized administrator of Digital Scholarship@UNLV. For more information, please contact [email protected]. CONGRESS’S FAILED POTENTIAL: THE GULF OF TONKIN RESOLUTION AND THE WAR POWERS ACT by Jason Andrew Frayer Bachelor of Science Southern Utah University 2001 A thesis submitted in partial fulfillment of the requirements for the Master of Arts Degree in History Department of History College of Liberal Arts Graduate College University of Nevada Las Vegas December 2004 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. UMI Number: 1427402 INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. UMI UMI Microform 1427402 Copyright 2005 by ProQuest Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, Ml 48106-1346 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Thesis Approval IINTV The Graduate College University of Nevada, Las Vegas November 15 ■ 20 04 The Thesis prepared by Jason Andrew Frayer Entitled Congress's Failed Potential: The Gulf of Tonkin Resolution and the War Powers Act is approved in partial fulfillment of the requirements for the degree of Master of Arts in History Exarrimation Committee Cham /'I, Dean of the Graduate College ExamimtionQommittee member Excafrination CommitteeÆember te College Faculty Representative 1017-53 11 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ABSTRACT CONGRESS’S FAILED POTENTIAL: THE GULF OF TONKIN RESOLUTION AND THE WAR POWERS ACT by Jason Andrew Frayer Dr. Joseph A. Fry, Examination Committee Chair Distinguished Professor of History University of Nevada Las Vegas This paper examines congressional surrender through the passage of the Gulf of Tonkin Resolution and how Congress attempted to regain its co-equal powers of war through the end of the Vietnam War by restricting funds to Southeast Asia and by the passage of the War Powers Act. The thesis also explores the intentions of the Founder’s on separating the “sword” from the “purse” into two separate branches, and how the escalation of the Cold War led the U.S. into Vietnam. Finally, the paper concluded that the passage of the War Powers Act was unnecessary and unconstitutional because it granted power to the executive not delegated in the Constitution. It also concluded that the debate over the war powers of Congress and the President are still alive today because of past precedents and judicial decisions. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. TABLE OF CONTENTS ABSTRACT................................................................................................................. iii ACKNOWLEDGEMENTS ................................................................................... vi CHAPTER I INTRODUCTION..................................................................................1 Purpose .................................................................................................................. 2 CHAPTER II CONSTITUTIONAL INTENT............................................................. 5 Powers of the Executive ........................................................................................7 Powers of Congress .............................................................................................. 8 “Make” for “Declare” .......................................... 10 Federalist Papers .................................................................................................13 CHAPTER III COMMUNISM AND FEAR............................................................18 United Nations ......................................................................................................20 Winston Churchill ................................................................................................ 21 Truman Doctrine ................................................................................................. 24 Korean War, NSC 6 8 .......................................................................................... 28 Involvement in Vietnam .......................................................................................31 CHAPTER IV GULF OF TONKIN AND RESOLUTION.......................................39 August 2, 1964 incident .......................................................................................40 August 4, 1964 incident .......................................................................................42 Investigating August 4 incident ........................................................................... 44 August 4, 1964 congressional meeting ............................................................. 46 President Johnson’s address ............................................................................. 48 August 6, 1964 hearings .....................................................................................49 Gulf of Tonkin Resolution ....................................................................................52 CHAPTER V JOHNSON’S JUSTIFICATIONS FOR THE RESOLUTION 55 Barbary Pirates ....................................................................................................55 Truman and the Korean War ...............................................................................58 Formosa and Middle East Resolutions .............................................................. 60 Judicial Rulings ....................................................................................................62 CHAPTER VI FAILING GRADE............................................................................ 68 Senator Fulbright’s escalation of dissent ........................................................... 70 Fulbright’s lecture series .....................................................................................74 Senator Wayne Morse (D-OR) ........................................................................... 77 IV Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Vietnam Hearings and Impact ............................................................................79 Congressional dissent .........................................................................................84 Secretary Robert McNamara 1968 testimony ...................................................90 CHAPTER VII SMALL GAINS, HUGES LOSSES............................................... 94 Symington Committee .........................................................................................94 Cooper/Church Amendment I/ll ..........................................................................95 Repeal of the Gulf of Tonkin Resolution ............................................................96 War Powers Act creation .....................................................................................99 War Powers A ct ...............................................................................................102 Fallout from the Act ..........................................................................................106 Pro-Congress and Pro-Executive .....................................................................108 CHAPTER VIII SUMMARY AND CONCLUSIONS...........................................111 BIBLIOGRAPHY.....................................................................................................118 VITA......................................................................................................................... 127 V Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ACKNOWLEDGEMENTS I would sincerely like to recognize Dr. Andy Fry for his contributions to this thesis.
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