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Telecon
The Vice President
1/31/70 11:20 a. m.
V: The only thing I called about--I wanted to have a clear
feeling in my mind on general questions about foreign policy activ-
ities in the Senate. What does the Constitution say? What is the
division on foreign policy between the President and the Senate.
K: The Senate advises and consents to nominations of Presi-
dential appointments: like Ambassadors and the Secretary of State.
It ratifies treaties, and it declares war. Some military actions have
been taken under executive authority when we have not declared war.
V: You mean under the Tonkin Resolution?
K: No Constitutional scholar takes the position that we needed
the Tonkin Resolution to declare war. In the Mathias Resolution this
is
one of the issues at stake. We don't want to give the impression
that if these things are repealed we have no authority.
V: How do we know what is and what isn't a war?
K: That's the part that I'd admit is fuzzy.
V: What in the Vietnam conflagration is there we could do if
there was a war that we don't do now.
K: Technically nothing. Presumably we could go more all-out.
But that is dubious.
V: What does the Constitution say the President can do after the
declaration of war?
K: Nothing.
V: We want to take the position that the Presidential powers are de -
rived from the Constitution and not from any resolution.
K: That's right, and from his power as commander-in-chief.
V: It's generally considered that the President concucts the foreign
policy of the country.
K: Yes, under executive prerogative. Not even Fulbright would
object to that.
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"ocrText": "Telecon\nThe Vice President\n1/31/70 11:20 a. m.\nV: The only thing I called about--I wanted to have a clear\nfeeling in my mind on general questions about foreign policy activ-\nities in the Senate. What does the Constitution say? What is the\ndivision on foreign policy between the President and the Senate.\nK: The Senate advises and consents to nominations of Presi-\ndential appointments: like Ambassadors and the Secretary of State.\nIt ratifies treaties, and it declares war. Some military actions have\nbeen taken under executive authority when we have not declared war.\nV: You mean under the Tonkin Resolution?\nK: No Constitutional scholar takes the position that we needed\nthe Tonkin Resolution to declare war. In the Mathias Resolution this\nis\none of the issues at stake. We don't want to give the impression\nthat if these things are repealed we have no authority.\nV: How do we know what is and what isn't a war?\nK: That's the part that I'd admit is fuzzy.\nV: What in the Vietnam conflagration is there we could do if\nthere was a war that we don't do now.\nK: Technically nothing. Presumably we could go more all-out.\nBut that is dubious.\nV: What does the Constitution say the President can do after the\ndeclaration of war?\nK: Nothing.\nV: We want to take the position that the Presidential powers are de -\nrived from the Constitution and not from any resolution.\nK: That's right, and from his power as commander-in-chief.\nV: It's generally considered that the President concucts the foreign\npolicy of the country.\nK: Yes, under executive prerogative. Not even Fulbright would\nobject to that."
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