PC 2 Commander-LBJ and Nixon-Student Program

8/2/2019 PC 2 Commander-LBJ and Nixon-Student Program

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Educating Young People about the Constitution

www.BillofRightsInstitute.org

Presidents and the Constitution,

Vol. 2War and the Constitution:

Lyndon Johnson, Richard Nixon,

and the War Powers Resolution


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Presidents and the Constitution Resources

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According to the Constitution, only Congresscan declare war. However, Presidents controlthe military and often send troops into foreigncountries without the approval of Congress.

So who really has the Power to declare war,Congress or the President?

Directions: Read Gleaves Whitneys essayCommanders in Chief at War on pages 38-41.Underline or highlight the facts you think areimportant.


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Constitutional Connection Activity

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Impeachment and the Constitution


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Critical Engagement Question

Did the War Powers Resolution take too much power away fromthe President, or did it take too much power away fromCongress?

Lyndon Johnson and Richard Nixon

Ceremonyaboard theU.S.S.

Missouri 4


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Objectives

Understand events leading up topassage of the War PowersResolution.

Assess the meaning of the

constitutional provisions aboutwar.

Evaluate the constitutionality ofthe War Powers Resolution.

Richard Nixonand Lyndon

Johnson


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Background/Homework

Read Handout A: LyndonJohnson, Richard Nixon, andthe War Powers Resolutionand answer the questions:

1) How does theConstitution distributewar power between thePresident and the

Congress, and why didthe Founders decide onthis arrangement.

2) What was the War PowersResolution of 1973?

Video of Operation San Angelo (1st Brigade,101st Airborne Division) Song Be, SouthVietnam. This is a 20 minute long video. Pickonly five minutes that interest your class.

There is no sound.


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Background/Homework continued3) Did President Nixon Veto it?

4) Keeping in mind theconstitutional war powers of

Congress and the President, howwould you assess theconstitutionality of the WarPowers Resolution.

Memorandum from Jack March (counselor to

the President) to President Gerald Ford aboutthe War Powers Act


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Background/Homework continued

5) Why do you think there has been no declared war since WorldWar II, yet the US has been almost constantly engaged in militaryaction? What is the difference between Congress authorizing thePresident to use force and declaring war? Who bears moreresponsibility in each case? Which, if any, seems to lead to betteroutcomes for the U.S.?

Anti-War politicalcartoon about theVietnam War. Thestrong anti-warsentiment in Americaafter the Vietnam War

was one reason for theWar Powers Act.


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Activity

Consider the differencebetween the phrases: to makewar and to declare war.

Discuss the differences Read Handout B: War and the

Constitutional Convention andanswer the following questions:

1) How does the Constitutiondistribute war powers between

the President and Congress?2) Does declare war mean the

same thing as start war3) Why do you think the

Founders decided on thisarrangement?

The Founders at theConstitutional Convention


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Activity II

Read and complete Handout C:The War Powers Resolution

Discuss the responses What do you think the delegates

at the Constitutional Conventionwould have thought about thislaw?

U.S. Constitution, page2; Articles I and II


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Activity III

Read Handout D: War with Svovenia.

Pick one slip from Handout E: Debate Identity Slip Read your slip and group up with others from your branch. Discuss your slip and how the scenario on it would likely view

the War Powers Act. (Consult Handout C if necessary)

The OvalOffice


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Activity III continued

Construct an argument,

based upon the view inyour slip, justifying yourslips viewpoint.

Present your arguments toother groups, trying toconvince them youropinion is right. Make sureto reference the War

Powers Act to justify yourposition.

Vote to declare war;authorize use of force;

or neither.

War Powers Resolution Senate Session-Sept 25, 1988

Frank Carlucci (Secretary of Defense 1987-1989) andFormer Senator Joe Biden (Vice President underObama)


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Wrap Up

Discuss the following questions:1) Contrast the decision-making process by the President and members

of Congress when it comes to war. What does the President have toconsider? What do members of Congress have to consider.

2) Nixon vetoed the War Powers Resolution because he argued itunconstitutionally limited the Presidents power. What argumentsmight be made that the War Powers Resolution actually increased

the Presidents power?

E2-Hawkeye about

to take off from theUSS Nimitz nuclearpowered aircraftcarrier. These planesare launched tosurveil and

coordinate attacks ontargets.


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Homework

Read Nixons entire veto message. Summarize and respond to hisarguments against the War Powers Resolution


Nixon War Powers Resolution Veto MessageOctober 24, 1973

To the House of Representatives:I hereby return without my approval House Joint Resolution 542--the WarPowers Resolution. While I am in accord with the desire of the Congress toassert its proper role in the conduct of our foreign affairs, the restrictionswhich this resolution would impose upon the authority of the President are

both unconstitutional and dangerous to the best interests of our Nation.The proper roles of the Congress and the Executive in the conduct of foreignaffairs have been debated since the founding of our country. Only recently,however, has there been a serious challenge to the wisdom of the FoundingFathers in choosing not to draw a precise and detailed line of demarcationbetween the foreign policy powers of the twobranches


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Homework continued

Text of Nixons veto message against the War Powers Resolution



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The Issues Endure

Critics of the War Powers Act want the law repealed for apparentlycontradictory constitutional reasonssome argue it takes too much poweraway from the President and gives too much power to Congress, while othersbelieve the President retains too much power at the expense of Congress.

Research arguments on both sides and answer the following questions:

1) What are the strongest arguments on each side?2) How do the different arguments against the War Powers Act reveal

different ways of interpreting the Constitution.


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PC 2 Commander-LBJ and Nixon-Student Program

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