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Gulf Of Tonkin

.. scope and duration of such hostilities or situation, but in no event shall he report to the Congress less often than once every six months. Section 5 (a)- Each report summated pursuant to section 4(A)(1) shall be transmitted of the Speaker of the House of Representatives and to the President pro temp of the Senate on the same calendar day. each report so transmitted shall be referred to the Committee on Foreign Affairs of the House of Representatives and to the committee on Foreign Relations of the Senate of appropriate action. If, when the report is transmitted, the Congress has adjourned sine die or has adjourned for any period in excess of three calendar days, the Speaker of the House of Representatives and the president pro temp of the Senate, if they deem it advisable (or if petitioned by at least 30 percent of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the report and take appropriate action pursuant to this section. Section 5 (b)- Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress 1- has declared was or has enacted a specific authorization for such use of the United States Armed Forces, 2- has extended by law such sixty day period, or 3- is physically unable to meet as a result of an armed attack on the United States. Such sixty day period shall be extended for not more that an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of the United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

Section 5 (c) Notwithstanding subsection (b), at any time the United states Armed Forces are engaged in hostilities outside the territory of the United states, its possessions and territories without a declaration of war or specific statuary authorization, such forces shall be removed by the President if the Congress so directs by concurrent resolution. Congressional Priority Procedures for Joint Resolution or Bill Section 6(a)- Any joint resolution or bill introduced pursuant to section 5(b) at least thirty calendar days before the expiration of the sixty day period specified in such section shall be referred to the Committee of Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate, as the case may be, and such committee shall report one such joint resolution or bill, together with its recommendations, not later than twenty four cleared days before the expiration of the sixty day period specified in such section, unless such House shall otherwise determine by the yeas and nays. Section 6(b)- Any joint resolution or bill so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted on within three calendar days thereafter, unless the House other wise determine by yeas and nays. Section 6(c)- Such a joint resolution or bill passed by one House shall be refereed to the committee of the other house named in subsection (a) and shall be reported on not later that fourteen calendar days before the expiration of the sixty day period specified in section 5(b). The joint resolution or bill so reported shall become the pending business of the House in question and shall be voted on within three calendar days after it has been reported, unless such House shall otherwise determine by yeas and nays.

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Section 6(d)- In the case of any disagreement between the two Houses of Congress with respect to a joint resolution or bill passed by both houses, conferees shall be promptly appointed and the committee of conference shall make and file a report with respect to such resolution or bill not later than four calendar days before the expiration of the sixty day period. In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement. Not withstanding any rule in either House concerning the printing of conference reports in the Record or concerning any delay in the consideration of such reports, such reports shall be acted on by Houses not later than the expiration of such sixty day period. Congressional Priority Procedures for Concurrent resolution Section 7(a)- Any concurrent resolution introduced pursuant to section 5(b) at least thirty calendar days before the expiration of the sixty day period specified in such section shall be referred to the Committee on Foreign affairs of the House of representatives or the Committee on foreign relations of the Senate, as the case may be, and one such concurrent resolution shall be reported out by such committee together with its recommendations within fifteen calendar days unless such House shall otherwise determine by the yeas and nays. Section 7(b)- Any concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents), and shall be voted within three calendar days thereafter, unless such House shall otherwise determine by yeas or nays.

Section 7(c)- Such a concurrent resolution passed by one House shall be referred to the committee of the other House named in subsection (a) and shall be reported out by such committee together with its recommendations within three calendar days after it has been reported, unless such House shall determine by yeas or nays. Section 7 (d)- In the case of any disagreement between the two Houses of Congress with respect to a concurrent resolution passed by both Houses, conferees shall be promptly appointed and the committee of conference shall make a file a report with respect to such concurrent resolution within six calendar days after the legislation is referred to the committee of conference. Not withstanding any rule in either House concerning the printing of conference reports in the record or concerning any delay in the consideration of such reports, such reports shall be acted on by both Houses not later six calendar days after the conference report is filed. In the event the conferees are unable to agree within 48 hours, they shall report back to their respective Houses in disagreement. Interpretation of Joint Resolution Section 8(a)- authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred– 1/ from any provision of law, including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution: or 2/ from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of the Untitled States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution. Section 8(b)- Nothing in this joint resolution shall be construed to require any further specific statutory authorization to permit members of the United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquarters operations of high level military commands which were established prior to the date of enactment of this joint resolution and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date.

Section 8(c)- For purposes of this joint resolution, the term introduction of United States Armed Forces includes the assignment of member of such armed forces to command, cordite participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exist an imminent threat that such forces will become engaged, in hostilities. Section 8(d)- Nothing in this joint resolution– 1/ is intended to alter the constitutional authority of the Congress or of the President, or the provision of existing treaties; or 2/ shall be counted as granting any authority to the President with respect to the introduction of the United States Armed Forces into hostilities or into situations wherein involvement is hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution. (whole war powers act: internet source II) The War Powers Act was a law that was passed by Congress inorder to limit the powers of the President. The Congress had to pass this law in order to make sure what happened in the Gulf of Tonkin incident could never happen again. To live in the Democratic style of government that we live in no one person can have too much power.

Each branch of the government must have an equal amount of power. By dividing the power equally between the three branches it ensures that even if one branch makes a bad move another branch will be there to correct the mistake. It is better that the Congress have the power to declare war because the Congress is made up of a lot of different people, and when you let all of those people make a decision they will usually choose the right one. Where as if you let the President make the decision he is likely to make the wrong one. No one man has the ability to run a country, and make all the right decisions. As you have seen the Gulf of Tonkin was a terrible lie to the American people and the Congress of the United States. Luckily our country will realize what they did wrong and correct it.

In the case of the Gulf of Tonkin Resolution, it was made sure that it would never happen again because of the War Powers act. That is the only way to survive, by learning from your mistakes. History Essays.

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