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policy - The Black Vault

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THE BDM CORPORATION<br />

Together, the above four factors provided ample precedent and<br />

occasion for the broadening of presidential war-making powers. Congress<br />

lacking sufficient information, lacking both experience in the daily<br />

activities of foreign <strong>policy</strong> making and not infrequently interest in such<br />

matters had all but abdicated its oversight responsibilities when the<br />

Vietnam War began. 68/<br />

3. Presidential Authority for War - <strong>The</strong> Case of Vietnam<br />

2residential authority for US involvement in Vietnam rested upon<br />

two legal points which were broadly interpreted by the different administrations:<br />

1) the authority of the President as Chief Executive and Commander-in-Chief<br />

to command the US armed forces and to protect American<br />

lives overseas; and 2)<br />

Congressional consent as demonstrated in 1964 by<br />

passage of the Southeast Asia Resolution and by repeated authorization of<br />

defense procurement requests. Further, there were precedents to the<br />

broadened interpretations of presidential authority for war demonstrated<br />

during the Vietnam war.<br />

a. Kennedy Administration<br />

While Kennedy inherited a situation in which US involvement<br />

in Southeast Asia was increasing, his attention to foreign affairs was, not<br />

surprisingly, focused on the continuing prospect of confrontation with the<br />

Soviet Union in Europe and in the Western Hemisphere.<br />

shaped American foreign politics and responses,<br />

<strong>The</strong> Cold War had<br />

and the dominant foreign<br />

<strong>policy</strong> problems of the administration centered around the Berlin issue and<br />

the Cuban missile crisis. Nevertheless, the US involvement in Southeast<br />

Asia grew as increasing numbers of "advisors" were sent to Vietnam under<br />

such arrangements as offered by military assistance agreements and as the<br />

CIA expanded its covert operations in the area. While the military<br />

assistance arrangements were sanctioned by Congress through its passage of<br />

assistance legislation and annual appropriations, the US-conduct of covert<br />

activities were pursued "under the Eisenhower precedent and with tacit<br />

congressional consent, and were immune to legislative scrutiny." 69/ Of<br />

course, when the American 'advisors' who had been sent to train the South<br />

Vietnamese army. actually became involved in combat operations, as on<br />

Z5

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