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THE WAR POWERS DEBATES MAY PUSH OUR OPPONENTS TO

MAKE A MAXIMUM EFFORT AT THE OUTSET WITH THE

OBJECTIVE OF EITHER ELICITING A CONGRESSIONALLY

MANDATED WITHDRAWAL OR PREVENTING THE FORMATION OF

PUBLIC AND LEGISLATIVE SUPPORT FOR THE COMMITMENT

BEYOND THE RUNNING OF THE SIXTY DAY LIMIT ON SUCH

INVOLVEMENT.

ÓN THE OTHER HAND, THE WAR POWERS DEBATE MIGHT HAVE AN OPPOSITE BUT EQUALLY DAMAGING EFFECT. OUR

ENEMIES COULD PERCEIVE A GREAT ADVANTAGE TO

THEMSELVES IN DELAYING ANY DECISIVE ENGAGEMENT ON

THE BATTLEFIELD WHILE UNITED STATES DOMESTIC DEBATE

WAS ALLOWED TO FESTER AND, AGAIN, THE RUNNING OF

THE SIXTY DAY LIMIT BRINGS US CLOSER TO A DOMESTIC

POLITICAL CRISIS.

IT IS IMPORTANT TO REALIZE, HOWEVER, THAT THE

REPORTING PROVISIONS OF THE RESOLUTION MAY ALSO

IMPACT OUR OWN MILITARY TACTICAL DISPOSITIONS AND

INITIATIVES.

WHILE I DON'T BELIEVE THIS AFFECTS

THE MAJOR DECISIONS TO COMMIT, ONCE OUR FORCES ARE

DEPLOYED THERE ARE OFTEN SUPPORTING MILITARY STEPS

THAT COULD BE TAKEN TO IMPROVE OUR POSITION. IF

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MILITARY JUDGMENT. THIS OUTCOME, OF COURSE, MAY BE

WHAT SOME DESIRE, BUT I DON'T BELIEVE THAT

DISCOURAGING MOVES THAT COULD IMPROVE THE U.S.

MILITARY POSITION (AND PERHAPS SAVE AMERICAN LIVES)

WAS PART OF THE ORIGINAL RATIONALE FOR THE WAR

POWERS RESOLUTION. CERTAINLY, FROM MY PERSPECTIVE

THIS IS AN UNFORTUNATE BY-PRODUCT.

I AM CONFIDENT THAT THERE ARE WAYS TO ENSURE THAT THE CONGRESS IS ADEQUATELY INFORMED WITHOUT ALL OF THE ACCOMPANYING BAGGAGE WHICH THE WAR Powers RESOLUTION CARRIES. I WOULD STRONGLY

RECOMMEND THAT YOU FOCUS YOUR EFFORTS ON WORKING

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ISSUE CAN ENSUE, IF SUCH IS NECESSARY, WITHOUT

UNDULY JEOPARDIZING THE OPERATIONS THEMSELVES.

MR. CHAIRMAN, THAT COMPLETES MY STATEMENT. I

WILL BE HAPPY TO ADDRESS ANY QUESTIONS YOU MAY

HAVE.

PREPARED STATEMENT OF LOUIS HENKIN

Mr. Chairman and Members of the Committee:

My name is Louis Henkin. I am a professor at Columbia University, have held chairs in both Constitutional Law and International Law, and have written extensively on foreign affairs and the Constitution. pleased to be invited to join in your deliberations.

I was

I shall

The subject you are considering is large and controversial. make some brief general comments on the constitutionality of war powers legislation, address some of the difficulties with the present text of the War Powers Resolution, and make some suggestions for its improvement. Of I will answer any specific questions if I can.

course,

I

I begin with the Constitution.

Mr. Nixon vetoed the War Powers

Resolution principally on the ground that it was unconstitutional but his

veto message did not detail which provisions of the Constitution the Resolution violated. He said only that it would "take away

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authorities which the President has properly exercised under the

Constitution for almost 200 years."

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