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AUGUST 16, 17, 21, 23, AND SEPTEMBER 19, 1967

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83-230

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Printed for the use of the Committee on Foreign Relations

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For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price $1.00

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CONTENTS

Statements by

Bartlett, Prof. Ruhl J., Fletcher School of Law and Diplomacy.
Broy, Mrs. Cecil Norton, Alexandria, Va..

Pag

9

317

Ervin, Hon. Sam J., Jr., U.S. Senator from North Carolina..
Findley, Hon. Paul G., U.S. Representative from Illinois..
Katzenbach, Hon. Nicholas deB., Under Secretary of State___

190

225

71, 128

Holt, W. Stull, professor, University of Wisconsin_-
Lévitt, Judge Albert, Hancock, N.H..

237

279

304

112

Montross, George M., Detroit, Mich..

Percy, Hon. Charles H., U.S. Senator from Illinois.

Insertions for the record:

Text of Senate Resolution 151.

"Advise, or Just Consent?", editorial from the Philadelphia (Pa.)
Evening Bulletin, August 3, 1967.

"The Fulbright Resolution," editorial from the Boston (Mass.) Globe,
August 2, 1967...

"Fulbright Move Is Timely," editorial from the Los Angeles (Calif.)
Time, August 2, 1967-

"What Is a Commitment?", editorial from the Christian Science Mon-
itor, August 3, 1967.

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"Who Makes Foreign Policy?", editorial from the Wall Street Journal,
August 8, 1967_.

8

"Lassoing the Locomotive,' editorial from the National Observer,
August 7, 1967..

Letter dated August 15, 1967, from Hon. William B. Macomber, Jr.,
Assistant Secretary of State for Congressional Relations, commen-
ting on Senate Resolution 151 and enclosing a list of U.S. defense
commitments and assurances –

Text of statements by Senator Arthur H. Vandenberg, December 8
and 11, 1941___

49

100

Text of President Johnson's news conference of August 18, 1967.
Letter to Under Secretary of State Katzenbach from Senator Ful-
bright, August 18, 1967....

121

129

Text of President's message to Congress, August 5, 1964, regarding
the Southeast Asia resolution_

135

Excerpt from Senate Committee on Foreign Relations hearings,
April 27, 1949, on the North Atlantic treaty..
Citations from the Law of Nations, by Herbert W. Briggs.

172

175

Letter from Under Secretary Katzenbach to Senator Eugene J.
McCarthy, August 31, 1967

184

"Promotion of Peace and Stability in the Middle East," remarks by Hon. Sam J. Ervin, Jr., February 20, 1957, in the Congressional 1 ecord.

200

Text of President Johnson's address to the Nation, August 4, 1964,
regarding the Gulf of Tonkin incident.
Prepared statement of Hon. Paul G. Findley-
Statement of Hon. Peter H. Dominick, U.S. Senator from Colorado_-
Letter to Hon. Dwight D. Eisenhower from former Senator Arthur V.

208

228

236

Watkins, March 12, 1954, enclosing the latter's remarks in the
Senate, February 19, 1952__

260

Extension of remarks in the Senate of Hon. Robert A. Taft, January
29, 1952, submitting the article, "War by Executive Order," by
Senator Arthur V. Watkins_.

268

Excerpts from "The Mandate for Change," by former President Dwight
D. Eisenhower.

275

Biographic sketch of Judge Albert Lévitt

277

Prepared statement of Judge Lévitt...

280

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Letter from Robert C. Hill, former U.S. Ambassador to Mexico and
Assistant Secretary of State, to Senator Fulbright, September 13,

1967__

318

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The committee met, pursuant to notice, at 10 a.m., in room 4221 New Senate Office Building, Senator J. W. Fulbright (chairman) presiding. Present: Senators Fulbright, Gore, McCarthy, Hickenlooper, Carlson, Mundt, Case, and Cooper.

OPENING STATEMENT

The CHAIRMAN. The committee will come to order.

We meet today to begin a series of hearings on the state of Congress' constitutional role on the making of American foreign policy. The occasion is Senate Resolution 151 which purports to define a national commitment as an undertaking carrying in one form or another the endorsement of Congress. Our purpose which goes beyond the present resolution is to evaluate the responsibilities and current roles of Congress and of the Executive in the making of foreign policy, the changes which have taken place in the respective roles of the two branches in recent decades, the reasons for these changes, and their effects upon our constitutional system.

For purposes of this evaluation, we have requested the assistance of interested Senators, our representatives of the Executive branch, and of distinguished academic persons such as today's witness.

On the basis of what is learned in these hearings, it is possible that the committee will wish to confirm Senate Resolution 151 in its present form or that it will wish to amend it, abandon it, or replace it with some other legislative instrument. In this respect I believe I can speak for my colleagues in saying that the committee approaches the present inquiry with an open mind. For myself I think it well to make clear at the outset that I have certain predilections. I will, of course, be pleased if even indirectly these hearings encourage the Administration to reconsider its war policies. I am deeply concerned, however, with the constitutional question to be considered in these hearings. The fact that the war in Vietnam is related to the constitutional problem does not mean that the latter is merely a facade for pressing opposition to the war. It means only that this war, which I oppose so deeply, and events connected with it, such as the adoption of the Gulf of Tonkin resolution in 1964 and other events such as the Dominican intervention of 1965, have aroused in me an awareness of institutional problems that I probably should have had before, but in fact did not.

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