Since Vietnam, United States military actions have taken place as part of United Nations’ actions, in the context of joint congressional resolutions, or within the confines of the War Powers Resolution (also known as the War Powers Act) that was passed in 1973, over the objections (and veto) of President Richard Nixon. In January 1971, Congress repealed the Gulf of Tonkin resolution as popular opinion grew against a continued U.S. The last time Congress formally used its War Declaration power was during World War II when it approved declarations against Japan (on December 8, 1941), Germany and Italy (on December 11, 1941) and against Bulgaria, Hungary and Rumania (on June 4, 1942). In the Constitution, Article I, Section 8, says that Congress has the power to declare war and raise and fund the Armed Forces, but Article II, Section 2, names the President as the Commander in Chief. (The United States military involvement in Korea came as part of a United Nations effort.) Like in the Korean conflict, United States military forces became engaged in the Vietnam War without a formal war declaration. “Congress approves and supports the determination of the President, as Commander in Chief, to take all necessary measures to repel any armed attack against the forces of the United States and to prevent further aggression,” the resolution read. On August 7, 1964, Congress approved a resolution that soon became the legal rationalization for the Vietnam War. We must make it clear to all that the United States is united in its determination to bring about the end of Communist subversion and aggression in the area,” Johnson added. “As I have repeatedly made clear, the United States intends no rashness, and seeks no wider war. “After consultation with the leaders of both parties in the Congress, I further announced a decision to ask the Congress for a resolution expressing the unity and determination of the United States in supporting freedom and in protecting peace in southeast Asia,” Johnson said the next day.
He then asked Congress to approve retaliatory attacks on North Vietnam. On August 4, 1964, President Lyndon Johnson told a national audience that the North Vietnamese had engaged the U.S.
The incident between the USS Maddox and several North Vietnamese torpedo boats remains hazy today. It was on this day in 1964 that a joint session of Congress approved the Gulf of Tonkin Resolution, an act that led to the Vietnam War’s escalation and the eventual passage of another measure seeking to curb presidential powers.
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