FREE ESSAY ON GULF OF TONKIN

GULF OF TONKIN

The Gulf of Tonkin
During the Vietnam war everyone had a different idea of what was right and wrong. Some
people wanted a war and others didn't.. One thing for sure whatever side people were on
they were
willing to fight for what they believed in. People would protest the war and others would
lie to help us
get into the war. When the Gulf of Tonkin incident happened it was one of the most
controversial
things that had ever happened. The President of the United States went in front of
Congress and the
American people and lied about what had actually happened in the Gulf of Tonkin.
In July 1964 the U.S. was patrolling the Gulf of Tonkin in North Vietnam. The destroyer
was
patrolling the coast seeking reconnaissance on the North Vietnamese. At the same time the
Maddox
was seeking reconnaissance, a number of smaller ships were conducting covert operations
in the gulf
against the North Vietnamese. These smaller ships were shelling the offshore islands.
(Microsoft
Encarta) On August 2nd while the Maddox was on so called "patrol duty" they were attacked
by North
Vietnamese patrol boats. That is what was claimed by the crew and captain of the
ship.(the war in
Vietnam Pg24) On August 4th the USS C. Turner Joy, another U.S. destroyer, reported that
their ship
had been fired upon. (Microsoft Encarta) The two destroyers believed they were under
attack and
called two nearby U.S. aircraft carriers, the Ticonderoga and the Constellation, for
retaliatory air
strikes. (Microsoft Encarta) Fighter planes from the two aircraft carriers bombed North
Vietnamese
navel vessels and also a major petroleum storage center in the city of Vinh. (Vietnam
Wars pg. 118) 
Later there would be serious doubts about whether the Maddox or the C. Turner Joy had
ever even
been attacked at all. Neither ship had been at all damaged and there had been no US
casualties. 
When a ship is under attack from another ship there will be signs of an attack; A hole in
the ship or a
dead gunman. Neither of the two vessels even had a scratch. After Johnson had ordered the
first air
strikes against the North Vietnamese territory he went on television telling the American
people about
the "alleged" attacks so he could gain their support. (Microsoft Encarta) After he had
gained
everyone's support the US Congress passed the Gulf of Tonkin resolution which effectively
handed
over war-making powers to Johnson until such time as "peace and security" had returned to
Vietnam.
(Microsoft Encarta)
Later after all of the major parts of the war had declined a lot of things were found
out. First
of all it was found that the real reason that the US Maddox was in those waters was
because they were
involved in electronic espionage. (Grolier's) It was found that the second attack on the
Maddox and
the Turner Joy was erroneous. These facts would later lead to the Congress passing the
war powers
act.
When President Johnson went before Congress to try to get the Gulf of Tonkin Resolution
passed he lied to Congress and the American people. Here is the speech he gave to
Congress. "Last
night I announced to the American people that the North Vietnamese regime had conducted
further
deliberate attacks against US naval vessels operating in international waters and I
therefor directed air
action against gunboats and supporting facilities used in there hostile operations. After
consulting
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. The latest actions of the North Vietnamese regime has
given a new
and grave turn to the already serious situation in Southeast Asia. Our commitments in
that area are
well known in Congress. They were further defined in the Southeast Asia collective
defense treaty
approved by the Senate in February 1955. This treaty with its accompanying protocol
obligates the
United States and other members to act in accordance with their constitutional process to
meet
communist aggression against any parties or protocol states. Our policy in Southeast Asia
has been
consistent and unchanged since 1954. I summarize it on June 2 in four simple
propositions:
1. America keeps her word. here as elsewhere, we must and shall honor our commitment.
2. The issue is the future of Southeast Asia as a whole. A threat to any nation in that
region is a threat
to all, and a threat to the United States.
3. Our purpose is peace. We have no military or political or territorial ambitions in
this area.
4. This is not just a jungle war, but a struggle for freedom on every front of human
activity. Our
military and economic assistance to South Vietnam and Laos in particular has the purpose
of helping
these countries to repel aggression and strengthen their independence.
The threat to the free nations of Southeast Asia has long been clear. The North
Vietnamese regime
has constantly sought to take over South Vietnam and Laos. The North Vietnam regime has
maintained military forces, used Laotian territory for infiltration into South Vietnam,
and most
recently carried out combat operations- all in direct violation of the Geneva Agreements
of 1962. we
must make it clear to all that the United States in its determination to bring about the
end of
communist subversion and aggression in the area." President Lyndon Johnson August 5,
1964
(Internet Source)
The Congress o the United states followed Johnson's message with the Joint Resolution.
The
Joint Resolution of Congress was made of August 7, 1964. it was resolved by the Senate
and House of
Representatives o the United States of America in Congress assembled. 
Section 1- That the Congress approves and supports the determination of the president ,
as
commander and chief, to take all necessary measures to repel any armed attack against the
forces of
the United States and to prevent future aggression.
Section 2- The United States regards as vital to its national interests and to world
peace, the
maintenance of international peace, and security in Southeast Asia. consistant with the
Constitution
of the united States and the character of the United Nations and in accordance with its
obligations
under the South East Asia Collective Defense Treat., The United States is therefore
prepared, as the
president determines, to take all necessary steps including the use of armed forces, to
assist any
member of protocol state of the Southeast Asia Collective Defense Treaty requesting
assistance in
defense of its freedom. 
Section 3- This resolution shall expire when the President shall determine that the peace
and security
of the area is reasonably assured by international conditions created by action of the
United States or
otherwise, except that it may be terminated earlier by concurrent resolution of the
Congress.
When the act was passed by Congress it gave President Johnson the ability to make
decisions about the
war without consulting Congress. The law was almost giving the President all of the
power. This went
against everything the Constitution stood for. It completely canceled out checks and
balances.
The War Powers Act was written on November 7, 1973. The act was passed to limit the
presidents power during war. The act became public law 93-148. The War Power Act was as
follows:
Purpose and Policy:
section 2(a)- It is the purpose of this joint resolution to fulfil the intent of the
framers of the
Constitution of the United States and insure that the collective judgement of both the
Congress and the
President will apply to the introduction of the United States Armed Forces into
hostilities, or into
situations where imminent involvement in hostilities is clearly indicate by the
circumstances, and to the
continued use of such forces in hostilities or in such situations.
(b)- Under article I, section 8 of the constitution, it specifically provided that the
Congress shall have
the power to make all laws necessary and proper for carrying into execution, not only its
own power
but also all other powers vested by the Constitution in the government of the United
States, or in any
department of officer thereof.
(c)- The constitutional powers of the President as Commander-in-Chief to introduce United
States
Armed Forces into hostilities, or into situations where imminent involvement in
hostilities is clearly
indicated by the circumstances, are exercised only pursuant to 1/ a declaration of war,
2/ specific
statutory authorization, or 3/ a national emergency created by attack upon the United
States, it
territories or possessions, or its armed forces.
Consolation
section 3- The president in every possible instance shall consult with Congress before
introducing
United States Armed forces into hostilities, or into situations where imminent
involvement in hostilities
is clearly indicated by the circumstances, and after every such introduction shall
consult regularly with
Congress until United states Armed forces are no longer engaged in hostilities or have
been removed
from such situations.
Reporting
Section 4 (A)- In the absence of a declaration of war, in any case in which the United
States Armed
forces are introduced--
1- into hostilities, or into situations where imminent involvement in hostilities is
clearly indicated by
the circumstances.
2- into the territory, airspace, or waters of a foreign nation, while equipped for
combat, except for
deployment which relate solely to supply, replacement, repair, or training of such
forces; or
3- a- the circumstances necessitating the introduction of the United States Armed
forces;
b- the constitutional and legislative authority under which such introduction took place;
and
c- the estimated scope and duration of the hostilities or involvement.
Section 4 (B)- The President shall provide such other information as the Congress may
request in the
fulfillment of its constitutional responsibilities with respect to sending the Nation to
war and to the use
of United States Armed forces abroad.
Section 4 (c)- Whenever the United Stated Armed Forces are introduced into hostilities or
into any
situation described in subsection (a) of this section, the President shall, so long as
such armed forces
continue to be engaged in such hostilities or situation, report to the Congress
periodically on the status
of such hostilities or situation as well as on the 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.
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.