PC 2 Commander-LBJ and Nixon-Student Program
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Transcript of 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
Lyndon Johnson and Richard Nixon
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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.
Lyndon Johnson and Richard Nixon
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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
Lyndon Johnson and Richard Nixon
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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.
Lyndon Johnson and Richard Nixon
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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
Lyndon Johnson and Richard Nixon
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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
Lyndon Johnson and Richard Nixon
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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)
Lyndon Johnson and Richard Nixon
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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
Lyndon Johnson and Richard Nixon
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
Lyndon Johnson and Richard Nixon
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Homework continued
Text of Nixons veto message against the War Powers Resolution
Lyndon Johnson and Richard Nixon
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Homework continued
Text of Nixons veto message against the War Powers Resolution
Lyndon Johnson and Richard Nixon
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Homework continued
Text of Nixons veto message against the War Powers Resolution
Lyndon Johnson and Richard Nixon
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Homework continued
Text of Nixons veto message against the War Powers Resolution
Lyndon Johnson and Richard Nixon
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Homework continued
Text of Nixons veto message against the War Powers Resolution
Lyndon Johnson and Richard Nixon
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Homework continued
Text of Nixons veto message against the War Powers Resolution
Lyndon Johnson and Richard Nixon
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Homework continued
Text of Nixons veto message against the War Powers Resolution
Lyndon Johnson and Richard Nixon
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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.
Lyndon Johnson and Richard Nixon
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