143-549: Article I, Section 8, Clause 11 of the U.S. Constitution , sometimes referred to as the War Powers Clause , vests in the Congress the power to declare war , in the following wording: [The Congress shall have Power ...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water ... A number of wars have been declared under the U.S. Constitution, although there
286-530: A U.S.-supported coup which resulted in the death of Diem). Shortly before Kennedy was assassinated in November 1963, he had begun a limited withdrawal of 1,000 U.S. forces before the end of 1963. Johnson's views were likewise complex, but he had supported military escalation as a means of challenging what was perceived to be the Soviet Union 's expansionist policies. The Cold War policy of containment
429-619: A quorum can still be convened (see Continuity of government ), taken without a formal congressional declaration of war is unconstitutional since no amendment has changed the original intent to make the War Powers Resolution legally binding. However, the US Supreme Court has never ruled directly on the matter and no counterresolutions has come to a vote. In the absence of a determination by the Supreme Court,
572-704: A "people's war" on the South at a session in January 1959, and on July 28, North Vietnamese forces invaded Laos to maintain and upgrade the Ho Chi Minh trail , in support of insurgents in the south. The rebellion, headed by the National Front for the Liberation of South Vietnam (NLF, or Viet Cong ) under the direction of North Vietnam, had intensified by 1961. About 40,000 communist soldiers infiltrated
715-603: A 20-kilometer (12 mi) limit claimed by French Indochina in 1936. Moreover it officially claimed a 12 nmi limit, which is practically identical to the old 20 km French claim, after the incidents of August, in September 1964. The North Vietnamese stance is that they always considered a 12 nautical mile limit, consistent with the positions regarding the law of the sea of both the Soviet Union and China, their main allies. On August 4, another DESOTO patrol off
858-575: A British journalist after the war that "at that time ... many people ... were looking for any excuse to initiate bombing". George Ball stated that the mission of the destroyer warship involved in the Gulf of Tonkin incident "was primarily for provocation." According to Ray McGovern , CIA analyst from 1963 to 1990, the CIA, "not to mention President Lyndon Johnson, Defense Secretary Robert McNamara and National Security Adviser McGeorge Bundy all knew full well that
1001-562: A North Vietnamese after action report. Later analysis showed those communications to have concerned the recovery of torpedo boats damaged in the August 2 attack and North Vietnamese observations of (but not participation in) the August 4 U.S. actions. Shortly before midnight, on August 4, Johnson interrupted national television to make an announcement in which he described an attack by North Vietnamese vessels on two U.S. Navy warships, Maddox and Turner Joy , and requested authority to undertake
1144-616: A bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan , known as the New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected
1287-458: A cable in which he acknowledged that the second attack may not have happened and that there may actually have been no Vietnamese craft in the area: "Review of action makes many reported contacts and torpedoes fired appear doubtful. Freak weather effects on radar and overeager sonarmen may have accounted for many reports. No actual visual sightings by Maddox . Suggest complete evaluation before any further action taken." ... And ultimately it
1430-542: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has
1573-466: A confusing picture although certain that the original ambush was bona fide." It is likely that McNamara did not inform either the president or Admiral U. S. Grant Sharp Jr. about Herrick's misgivings or Herrick's recommendation for further investigation. At 18:00 Washington time (05:00 in the Gulf of Tonkin), Herrick cabled yet again, this time stating, "the first boat to close the Maddox probably launched
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#17327727807461716-472: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and
1859-459: A delegate from Massachusetts, summed up the majority viewpoint saying he "never expected to hear in a republic a motion to empower the Executive alone to declare war." George Mason , Thomas Jefferson , and other contemporaries voiced similar sentiments. Congress has at various points sought to reassert its constitutional responsibility over war powers decisions, including since its enactment of
2002-465: A direct hit from a five-inch shell from Maddox ; its torpedo malfunctioned at launch. Four USN F-8 Crusader jets launched from Ticonderoga and 15 minutes after Maddox had fired her initial warning shots, attacked the retiring P-4s, claiming one was sunk and one heavily damaged. Maddox suffered only minor damage from a single 14.5 mm bullet from a P-4's KPV heavy machine gun into her superstructure. Retiring to South Vietnamese waters, Maddox
2145-642: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,
2288-581: A military response. Johnson's speech repeated the theme that "dramatized Hanoi/ Ho Chi Minh as the aggressor and which put the United States into a more acceptable defensive posture." Johnson also referred to the attacks as having taken place "on the high seas", suggesting that they had occurred in international waters. He emphasized commitment to both the American people, and the South Vietnamese government. He also reminded Americans that there
2431-610: A mission in South Vietnam. They were recruited for the job by the Norwegian intelligence officer Alf Martens Meyer. Martens Meyer, who was head of department at the military intelligence staff, operated on behalf of U.S. intelligence. The three skippers did not know who Meyer really was when they agreed to a job that involved them in sabotage missions against North Vietnam. Although the boats were crewed by South Vietnamese naval personnel, approval for each mission conducted under
2574-523: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution
2717-555: A torpedo at the Maddox which was heard but not seen. All subsequent Maddox torpedo reports are doubtful in that it is suspected that sonarman was hearing the ship's own propeller beat" [ sic ]. In the face of growing uncertainties over the course of the day regarding whether the attack had occurred, the Johnson administration ended up basing its conclusion mostly on communications intercepts erroneously assessed to be North Vietnamese preparations to carry out an attack and
2860-586: Is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then
3003-595: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,
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#17327727807463146-581: Is some controversy as to the exact number; the Constitution does not specify the form of such a declaration. Five wars have been declared by Congress under their constitutional power to do so: the War of 1812 , the Mexican–American War , the Spanish–American War , World War I , and World War II . In a message to Congress on May 11, 1846, President James K. Polk announced that
3289-656: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,
3432-472: The Articles of Confederation , the nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody the doctrine of the separation of powers , in which the federal government is divided into three branches: the legislative , consisting of the bicameral Congress ( Article I );
3575-584: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by
3718-454: The Republic of Texas was about to become a state. After Mexico threatened to invade Texas, Polk amassed federal troops around Corpus Christi. When Texas became a state, federal troops moved into an area in which the new international boundary was disputed. Mexican troops moved into the same area, and both forces clashed. The President then said that "after reiterated menaces, Mexico has passed
3861-501: The Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and
4004-595: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes
4147-585: The Vietnam War , however, Congress has given other various forms of authorization to do so. Some debate continues as to their appropriateness as well as the tendency of the executive branch to engage in the origination of such a push, its marketing, and even propagandizing or related activities to generate such support. In light of the speculation concerning the Gulf of Tonkin Incident and the possible abuse of
4290-722: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to
4433-881: The court system (the judicial branch ), including the Supreme Court . The article describes the kinds of cases the court takes as original jurisdiction . Congress can create lower courts and an appeals process and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases , and defines the crime of treason . Gulf of Tonkin Incident American intervention 1965 1966 1967 Tet Offensive and aftermath Vietnamization 1969–1971 1972 Post- Paris Peace Accords (1973–1974) Spring 1975 Air operations Naval operations Lists of allied operations The Gulf of Tonkin incident ( Vietnamese : Sự kiện Vịnh Bắc Bộ )
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4576-507: The destroyer USS Maddox , while performing a signals intelligence patrol as part of DESOTO operations, was approached by three North Vietnamese Navy torpedo boats of the 135th Torpedo Squadron. Maddox fired warning shots and the North Vietnamese boats attacked with torpedoes and machine gun fire. In the ensuing engagement, one U.S. aircraft (which had been launched from aircraft carrier USS Ticonderoga )
4719-493: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced
4862-461: The executive , consisting of the president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing the rights and responsibilities of state governments , the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes
5005-476: The 12 nautical miles (22 km; 14 mi) limit and North Vietnamese resolve. These runs into North Vietnamese territorial waters coincided with South Vietnamese coastal raids and were interpreted as coordinated operations by the North, which officially acknowledged the engagements of August 2, 1964. Others, such as Admiral Sharp, maintained that U.S. actions did not provoke the August 2 incident. He claimed that
5148-543: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering
5291-879: The August 4 incident, Johnson had decided on retaliatory attacks (dubbed " Operation Pierce Arrow "). That same day he used the "hot line" to Moscow, and assured the Soviets he had no intent in opening a broader war in Vietnam. Early on August 5, Johnson publicly ordered retaliatory measures stating, "The determination of all Americans to carry out our full commitment to the people and to the government of South Vietnam will be redoubled by this outrage." One hour and forty minutes after his speech, aircraft launched from U.S. carriers reached North Vietnamese targets. On August 5, at 10:40, these planes bombed four torpedo boat bases and an oil-storage facility in Vinh . While Johnson's final resolution
5434-490: The British from invading us, how could you stop him? You may say to him, "I see no probability of the British invading us" but he will say to you "be silent; I see it, if you don't." The provision of the Constitution giving the war-making power to Congress, was dictated, as I understand it, by the following reasons. Kings had always been involved and impoverishing their people in wars, pretending generally, if not always, that
5577-562: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called
5720-514: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under
5863-605: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The opening words, " We
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6006-777: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware
6149-508: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes
6292-682: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776
6435-737: The DESOTO operations, had begun under the Central Intelligence Agency (CIA) in 1961. In 1964, the program was transferred to the Defense Department and conducted by the Military Assistance Command, Vietnam Studies and Observations Group (MACV-SOG). For the maritime portion of the covert operation, a set of fast patrol boats had been purchased quietly from Norway and sent to South Vietnam. In 1963, three young Norwegian skippers traveled on
6578-493: The Gulf of Tonkin. Captain George Stephen Morrison was in command of local American forces from his flagship USS Bon Homme Richard . Maddox was under orders not to approach closer than eight miles (13 km) from North Vietnam's coast and four miles (6 km) from Hon Nieu island. When a MACV-SOG commando raid was being carried out against Hon Nieu, the ship was 120 miles (190 km) away from
6721-616: The Hanoi government (which, unlike the U.S. government, had to give permission at the highest levels for the conduct of such missions) probably assumed that they were all a coordinated effort to escalate military actions against North Vietnam. Daniel Ellsberg , who was on duty in the Pentagon the night of August 4, receiving messages from USS Maddox , reported that she was on a DESOTO mission near Northern Vietnamese territorial waters. On July 31, 1964, Maddox had begun her mission in
6864-685: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had
7007-484: The Johnson administration in the second half of 1964 focused on convincing the American public that there was no chance of war between the United States and North Vietnam. North Vietnam's General Giáp suggested that the DESOTO patrol had been sent into the gulf to provoke North Vietnam into giving the U.S. an excuse for escalation of the war. Various government officials and men aboard Maddox have suggested similar theories. U.S. Undersecretary of State George Ball told
7150-597: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and
7293-603: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced
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#17327727807467436-419: The New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation
7579-441: The North Vietnamese coast in international waters . Maddox stated she had evaded a torpedo attack and opened fire with its five-inch (127 mm) guns, forcing the torpedo boats away. Two of the torpedo boats had come as close as 5 nautical miles (9.3 km; 5.8 mi) and released one torpedo each, but neither one was effective, coming no closer than about 100 yards (91 m) after Maddox evaded them. Another P-4 received
7722-621: The North Vietnamese coast put the ship in international waters, as North Vietnam claimed only a 5 nautical miles (9.3 km; 5.8 mi) limit as its territory (or off of its off-shore islands). In addition, many nations had previously carried out similar missions all over the world, and the destroyer USS John R. Craig had earlier conducted an intelligence-gathering mission in similar circumstances without incident. Sharp's claims, however, included some factually incorrect statements. North Vietnam did not adhere to an 8-kilometer (5 mi) limit for its territorial waters; instead it adhered to
7865-401: The North Vietnamese coast was launched by Maddox and Turner Joy , to "show the flag" after the first incident. This time their orders indicated that the ships were to close to no less than 11 miles (18 km) from the coast of North Vietnam. During an evening of rough weather and heavy seas, the destroyers received radar, sonar, and radio signals that they believed signaled another attack by
8008-421: The North Vietnamese coast, and the coastal attacks were seen as a helpful way to get the North Vietnamese to turn on their coastal radars. For this purpose, it was authorized to approach the coast as close as 13 kilometers (8 mi) and the offshore islands as close as four; the latter had already been subjected to shelling from the sea. In his book, Body of Secrets , James Bamford , who spent three years in
8151-543: The North Vietnamese had tracked Maddox along the coast by radar and were thus aware that the destroyer had not actually attacked North Vietnam and that Hanoi (or the local commander) had ordered its craft to engage Maddox anyway. North Vietnamese general Phùng Thế Tài later claimed that Maddox had been tracked since July 31 and that she had attacked fishing boats on August 2 forcing the North Vietnamese Navy to "fight back". Sharp also noted that orders given to Maddox to stay 8 nautical miles (15 km; 9.2 mi) off
8294-473: The North Vietnamese navy. For some two hours (from about 21:40 to about 23:35, local time) the ships fired on radar targets and maneuvered vigorously amid electronic and visual reports of enemies. Despite the Navy's claim that two attacking torpedo boats had been sunk, there was no wreckage, bodies of dead North Vietnamese sailors, or other physical evidence present at the scene of the alleged engagement. At 01:27 local time (13:27 Washington time), Herrick sent
8437-404: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of
8580-408: The President interrogatories (questions) so that Congress could determine for itself the exact "spot" of the conflict and whether the Congress believed it to be in the United States. However, Congress, by roll-call vote, declared war. If it was true that the war was ongoing because the President had to repel a sudden attack, that had been contemplated by the framers in Philadelphia in August 1787, when
8723-573: The President may, without violation of the Constitution, cross the line and invade the territory of another country; and that whether such necessity exists in any given case, the President is to be the sole judge. ... But allow the President to invade a neighboring nation, whenever he shall deem it necessary to repel an invasion, and you allow him to do so, whenever he may choose to say he deems it necessary for such purpose—and allow him to make war at pleasure. ... If, today, he should choose to say he thinks it necessary to invade Canada, to prevent
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#17327727807468866-415: The President. In 2007, University of Virginia Professor Larry J. Sabato proposed, in his book A More Perfect Constitution , a constitutional amendment that would settle the issue by spelling out the exact powers of each branch in the Constitution itself. One counterargument is that the Constitution is a " living document " that has survived for over 200 years because not everything is "spelled out." In
9009-462: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of
9152-403: The Tonkin Gulf incident. Time reported: "Through the darkness, from the West and south ... intruders boldly sped ... at least six of them ... they opened fire on the destroyers with automatic weapons, this time from as close as 2,000 yards." Time stated that there was "no doubt in Sharp's mind that the U.S. would now have to answer this attack", and that there was no debate or confusion within
9295-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed
9438-613: The U.S. ships had in fact been cooperating in the South Vietnamese attacks against North Vietnam. In 1962, the U.S. Navy began an electronic warfare support measures (intelligence gathering) program, conducted by destroyer patrols in the western Pacific, with the cover name DESOTO. The first missions in the Tonkin Gulf began in February 1964. While intelligence collected by DESOTO missions could be used by OPLAN-34A planners and commanders, they were separate programs not known to coordinate mission planning except to warn DESOTO patrols to stay clear of 34A operational areas. On July 29, 1964,
9581-469: The Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as the Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on
9724-434: The United States Navy as an intelligence analyst, writes that the primary purpose of the Maddox "was to act as a seagoing provocateur—to poke its sharp gray bow and the American flag as close to the belly of North Vietnam as possible, in effect shoving its five-inch cannons up the nose of the communist navy. ... The Maddox ' mission was made even more provocative by being timed to coincide with commando raids, creating
9867-479: The United States became more involved in the war that his claim began to gain support throughout the United States government. The U.S. government was still seeking evidence on the night of August 4 when Johnson gave his address to the American public on the incident; messages recorded that day indicate that neither Johnson nor McNamara was certain of an attack. Various news sources, including Time , Life and Newsweek , published articles throughout August on
10010-453: The United States nor the State of Vietnam signed anything at the 1954 Geneva Conference. The accords, which were signed by other participants including the Viet Minh, mandated a temporary ceasefire line, which separated southern and northern Vietnam to be governed by the State of Vietnam and the Viet Minh respectively. The accords called for a general election by July 1956 to create a unified Vietnamese state. The accords allowed free movement of
10153-429: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing
10296-623: The War Powers Resolution in 1973. In 2021, the House Rules Committee and the House Foreign Affairs Committee held hearings on war powers reform, at which testified several war powers scholars and former government officials. United States Constitution [REDACTED] [REDACTED] The Constitution of the United States is the supreme law of the United States . It superseded
10439-447: The administration regarding the incident. The use of the set of incidents as a pretext for escalation of U.S. involvement followed the issuance of public threats against North Vietnam, as well as calls from American politicians in favor of escalating the war. On May 4, 1964, William Bundy had called for the U.S. to "drive the communists out of South Vietnam", even if that meant attacking both North Vietnam and communist China. Even so,
10582-567: The area of the War Powers Clause, the flexibility provided by the requirement for a congressional statute for a declaration of war and constitutional interpretation could be sufficient. The President could defend the country himself but not use the military offensively without Congress. That would not require a constitutional amendment or a statute like the War Powers Resolution since it has been used since 1787. Some legal scholars maintain that offensive, non-police military actions, while
10725-522: The attack, the Johnson administration relied on the wrongly interpreted National Security Agency communications intercepts to conclude that the attack was real. While doubts regarding the perceived second attack have been expressed since 1964, it was not until years later that it was shown conclusively never to have happened. In the 2003 documentary The Fog of War , the former United States Secretary of Defense , Robert S. McNamara , admitted that there
10868-544: The attacked area. In July 1964, "the situation along North Vietnam's territorial waters had reached a near boil", because of South Vietnamese commando raids and airborne operations that inserted intelligence teams into North Vietnam, as well as North Vietnam's military response to these operations. On the night of July 30, 1964, South Vietnamese commandos attacked a North Vietnamese radar station on Hòn Mê island. According to Hanyok, "it would be attacks on these islands, especially Hòn Mê, by South Vietnamese commandos, along with
11011-555: The authorization that followed, Congress in 1973 passed the War Powers Resolution , which requires the President to obtain either a declaration of war or a resolution authorizing the use of force from Congress within 60 days of initiating hostilities with a full disclosure of facts in the process. Its constitutionality has never been settled, and some Presidents have criticized it as an unconstitutional encroachment upon
11154-499: The boundary of the United States, has invaded our territory and shed American blood upon the American soil. She has proclaimed that hostilities have commenced and that the two nations are now at war." Some in Congress wondered if that was actually so, including Abraham Lincoln , who wrote in a letter to his law partner: Let me first state what I understand to be your position. It is, that if it shall become necessary, to repel invasion,
11297-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to
11440-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in
11583-466: The convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for
11726-998: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with
11869-476: The evidence of any armed attack on the evening of Aug. 4, 1964, the so-called 'second' Tonkin Gulf incident, was highly dubious. ... During the summer of 1964, President Johnson and the Joint Chiefs of Staff were eager to widen the war in Vietnam. They stepped up sabotage and hit-and-run attacks on the coast of North Vietnam." Maddox , carrying electronic spying gear, was to collect signals intelligence from
12012-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await
12155-433: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing
12298-480: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be
12441-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that
12584-399: The good of the people was the object. This our Convention understood to be the most oppressive of all Kingly oppressions; and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us. But your view destroys the whole matter, and places our President where kings have always stood. US Representative Lincoln moved for a resolution issuing
12727-637: The government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles, the United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite
12870-467: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and
13013-558: The impression that the Maddox was directing those missions ..." Thus, the North Vietnamese had every reason to believe that Maddox was involved in these actions. John McNaughton suggested in September 1964 that the U.S. prepare to take actions to provoke a North Vietnamese military reaction, including plans to use DESOTO patrols North. William Bundy's paper dated September 8, 1964, suggested more DESOTO patrols as well. By early afternoon of August 4, Washington time, Herrick had reported to
13156-517: The incident of August 4 was based on bad naval intelligence and misrepresentations of North Vietnamese communications. The official US government claim is that it was based mostly on erroneously interpreted communications intercepts. The outcome of the incident was the passage by U.S. Congress of the Gulf of Tonkin Resolution , which granted U.S. President Lyndon B. Johnson the authority to assist any Southeast Asian country whose government
13299-757: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on
13442-464: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that
13585-586: The newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while the Congress could borrow money, it could not pay it back. No state paid its share of taxes to support
13728-416: The next day, August 2, Maddox , which had a top speed of 28 knots, resumed her routine patrol, and three North Vietnamese P-4 torpedo boats with a top speed of 50 knots began to follow Maddox . The boats were from Squadron 135, commanded by Le Duy Khoai, with the boats commanded by brothers Van Bot, Van Tu, and Van Gian. Intercepted communications indicated that the vessels intended to attack Maddox . As
13871-509: The night before it launched actions against North Vietnamese facilities on Hòn Mê and Hòn Ngư islands, the MACV-SOG had launched a covert long-term agent team into North Vietnam, which was promptly captured. On August 1 and 2, flights of CIA-sponsored Laotian fighter-bombers (piloted by Thai mercenaries) attacked border outposts well within southwestern North Vietnam. According to Edwin Moïse,
14014-533: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president
14157-603: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in
14300-719: The plan came directly from Admiral U.S. Grant Sharp Jr. , CINCPAC in Honolulu , who received his orders from the White House . After the coastal attacks began, Hanoi , the capital of North Vietnam, lodged a complaint with the International Control Commission (ICC), which had been established in 1954 to oversee the terms of the Geneva Accords, but the U.S. denied any involvement. Four years later, Secretary McNamara admitted to Congress that
14443-418: The population between the north and south for three hundred days. They also forbade the political interference of other countries in the area, the creation of new governments without the stipulated elections, and foreign military presence. By 1961, South Vietnamese President Ngo Dinh Diem faced significant discontent among some quarters of the southern population, including some Buddhists who were opposed to
14586-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against
14729-574: The powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it
14872-484: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of
15015-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on
15158-528: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,
15301-480: The principle of separation of powers produces a stalemate on the issue. Pierce Butler of South Carolina was the only delegate to the Philadelphia Convention who suggested giving the executive the power to take offensive military action. He suggested that even if the President should be able to do so, he, in practice, would have the character not to do so without mass support. Elbridge Gerry ,
15444-515: The procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution , often referred to as its framing, was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to
15587-501: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting
15730-504: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing
15873-532: The protests of U.S. officials. When Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783
16016-610: The proximity of the Maddox , that would set off the confrontation", although the Maddox did not participate in the commando attacks. In this context, on July 31, Maddox began patrols of the North Vietnamese coast to collect intelligence, coming within a few miles of Hòn Mê island. A U.S. aircraft carrier, the USS Ticonderoga , was also stationed nearby. By August 1, North Vietnamese patrol boats were tracking Maddox , and several intercepted communications indicated that they were preparing to attack. Maddox retreated, but
16159-492: The purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in the lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held
16302-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward
16445-412: The resolution was read and presented to Congress, Morse began to fight it. He contended in speeches to Congress that the actions taken by the United States were actions outside the constitution and were "acts of war rather than acts of defense." Morse's efforts were not immediately met with support, largely because he revealed no sources and was working with very limited information. It was not until after
16588-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it
16731-541: The rule of Diem's Catholic supporters. Viet Minh political cadres , who were legally campaigning for the promised elections between 1955 and 1957, were suppressed by the government. In March 1956, the North Vietnamese leadership approved tentative measures to revive the southern insurgency in December 1956. A communist-led uprising began against Diem's government in April 1957. The North Vietnamese Communist Party approved
16874-446: The second [attack]. I think it is now clear [the second attack] did not occur ... –Defense Secretary Robert McNamara , 1996 One hour later, Herrick sent another cable, stating, "Entire action leaves many doubts except for apparent ambush at beginning. Suggest thorough reconnaissance in daylight by aircraft." In response to requests for confirmation, at around 16:00 Washington time, Herrick cabled, "Details of action present
17017-438: The ships approached from the southwest, Maddox changed course from northeasterly to southeasterly and increased speed to 25 knots. As the torpedo boats neared, Maddox fired three warning shots. The North Vietnamese boats then attacked, and Maddox radioed she was under attack from the three boats, closing to within 10 nautical miles (19 km; 12 mi), while located 28 nautical miles (52 km; 32 mi) away from
17160-492: The ships opened fire on radar returns that had been preceded by communications intercepts, which US forces claimed meant an attack was imminent. The commander of the Maddox task force, Captain John Herrick , reported that the ships were being attacked by North Vietnamese boats when, in fact, there were no North Vietnamese boats in the area. While Herrick soon reported doubts regarding the task force's initial perceptions of
17303-492: The south from 1961 to 1963. The Gulf of Tonkin Incident occurred during the first year of the Johnson administration. While U.S. President John F. Kennedy had originally supported the policy of sending military advisers to Diem, he had begun to alter his thinking by September 1963, because of what he perceived to be the ineptitude of the Saigon government and its inability and unwillingness to make needed reforms (which led to
17446-416: The spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at
17589-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,
17732-620: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln
17875-571: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized
18018-510: The waters of the Gulf of Tonkin . Originally, US military claims blamed North Vietnam for the confrontation and the ostensible, but in fact imaginary, incident on August 4. Later investigation revealed that the second attack never happened. The National Security Agency , an agency of the US Defense Department, had deliberately skewed intelligence to create the impression that an attack had been carried out. On August 2, 1964,
18161-486: The wording of the proposed Constitution was changed from "make war" to "declare war". American presidents have often not sought formal declarations of war but instead maintained that they have constitutional authority ( Article II , Section 2) as commander-in chief-to use the military for " police actions ". The Korean War was the first modern example of the U.S. being taken to war without a formal declaration, as has been repeated in every armed conflict since. Beginning with
18304-430: Was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to the Articles, required legislative approval by all 13 of
18447-490: Was an international confrontation that led to the United States engaging more directly in the Vietnam War . It consisted of a confrontation on August 2, 1964, when United States forces were carrying out covert amphibious operations close to North Vietnamese territorial waters, which triggered a response from North Vietnamese forces. The United States government falsely claimed that a second incident occurred on August 4, 1964, between North Vietnamese and United States ships in
18590-633: Was being drafted, U.S. Senator Wayne Morse attempted to hold a fundraiser to raise awareness about possible faulty records of the incident involving Maddox . Morse supposedly received a call from an informant who has remained anonymous urging Morse to investigate official logbooks of Maddox . These logs were not available before Johnson's resolution was presented to Congress. After urging Congress that they should be wary of Johnson's coming attempt to convince Congress of his resolution, Morse failed to gain enough cooperation and support from his colleagues to mount any sort of movement to stop it. Immediately after
18733-424: Was concluded that almost certainly the [August 4] attack had occurred. But even at the time there was some recognition of a margin of error, so we thought it highly probable but not entirely certain. And because it was highly probable—and because even if it hadn't occurred, there was strong feeling we should have responded to the first attack, which we were positive had occurred—President Johnson decided to respond to
18876-553: Was considered to be jeopardized by communist aggression. The resolution served as Johnson's legal justification for deploying U.S. conventional forces to South Vietnam and the commencement of open warfare against North Vietnam. The Geneva Conference in 1954 was intended to settle outstanding issues following the end of hostilities between France and the Viet Minh at the end of the First Indochina War . Neither
19019-420: Was damaged, three North Vietnamese torpedo boats were damaged, and four North Vietnamese sailors were killed, with six more wounded. There were no U.S. casualties. Maddox was "unscathed except for a single bullet hole from a [North] Vietnamese machine gun round". On August 3, 1964, destroyer USS Turner Joy joined Maddox and the two destroyers continued the DESOTO mission. On the evening of August 4,
19162-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing
19305-563: Was joined by the destroyer USS Turner Joy . The original account from the Pentagon Papers has been revised in light of a 2001 internal NSA historical study, which states: At 1500G, Captain Herrick (commander of Maddox ) ordered Ogier's gun crews to open fire if the boats approached within ten thousand yards. At about 1505G, Maddox fired three rounds to warn off the communist [North Vietnamese] boats. This initial action
19448-544: Was never reported by the Johnson administration, which insisted that the Vietnamese boats fired first. Maddox , when confronted, was approaching Hòn Mê Island, three to four nautical miles (nmi) (6 to 7 km) inside the 12 nautical miles (22 km; 14 mi) limit claimed by North Vietnam. This territorial limit was unrecognized by the United States. After the skirmish, Johnson ordered Maddox and Turner Joy to stage daylight runs into North Vietnamese waters, testing
19591-481: Was no attack on August 4. In 1995, McNamara met with former North Vietnamese Army General Võ Nguyên Giáp to ask what happened on August 4, 1964. "Absolutely nothing", Giáp replied. Giáp confirmed that the attack had been imaginary. In 2005, an internal National Security Agency historical study was declassified; it concluded that Maddox had engaged the North Vietnamese Navy on August 2, but that
19734-423: Was no desire for war. "A close scrutiny of Johnson's public statements ... reveals no mention of preparations for overt warfare and no indication of the nature and extent of covert land and air measures that already were operational." Johnson's statements were short to "minimize the U.S. role in the conflict; a clear inconsistency existed between Johnson's actions and his public discourse." Within thirty minutes of
19877-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of
20020-465: Was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery was protected further by allowing states to count three-fifths of their slaves as part of their populations, for
20163-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at
20306-402: Was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating the letter and
20449-524: Was to be applied to prevent the fall of Southeast Asia to communism under the precepts of the domino theory . After Kennedy's assassination, Johnson ordered in more U.S. forces to support the Saigon government, beginning a protracted United States presence in Southeast Asia. A highly classified program of covert actions against North Vietnam, known as Operation Plan 34-Alpha , in conjunction with
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