[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 13. Powers and Prerogatives of the House]
[B. War Powers]
[Â§ 11. Receipt of Presidential Messages]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1830-1836]
 
                               CHAPTER 13
 
                  Powers and Prerogatives of the House
 
                             B. WAR POWERS
 
Sec. 11. Receipt of Presidential Messages

    The precedents in this section are limited exclusively to written 
or oral statements officially received by Congress. Presidential 
statements made to the public at large through the media are not 
included.                          -------------------

Request for Declaration of War on Japan

Sec. 11.1 The President addressed a joint session of Congress to 
    announce the Japanese attack on Pearl Harbor and request a 
    declaration of war.

    On Dec. 8, 1941,(10) President Franklin D. Roosevelt 
addressed a joint session of Congress to announce the Japanese attack 
on Pearl Harbor and request a declaration of war.(11)
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10. 87 Cong. Rec. 9519, 9520, 77th Cong. 1st Sess. The message was 
        referred to the Committee on Foreign Affairs.
11. See Sec. 6.1, supra (House declaration), and Sec. 7.1, supra ( 
        Senate declaration).
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                 Address by the President (H. Doc. No. 453)

        The address delivered by the President of the United States to 
    the joint meeting of the two Houses of Congress held this day is as 
    follows:
        To the Congress of the United States:

            Yesterday, December 7, 1941--a date which will live in 
        infamy--the United States of America was suddenly and 
        deliberately attacked by naval and air forces of the Empire of 
        Japan. . . .
            I believe I interpret the will of the Congress and of the 
        people when I assert that we will not only defend ourselves to 
        the uttermost but will make very certain that this form of 
        treachery shall never endanger us again.
            Hostilities exist. There is no blinking at the fact that 
        our people, our

[[Page 1831]]

        territory, and our interests are in grave danger. . . .
            I ask that the Congress declare that since the unprovoked 
        and dastardly attack by Japan on Sunday, December 7, a state of 
        war has existed between the United States and the Japanese 
        Empire.

                                        Franklin D. Roosevelt,
                                                The White House,
                                                 December 8, 1941.

Request for Declaration of War on Germany and Italy

Sec. 11.2 The House received a written message from the President 
    announcing that Italy and Germany had declared war on the United 
    States, and requesting the Congress to recognize a state of war 
    between the United States and Germany and the United States and 
    Italy.

    On Dec. 11, l941, (12) the House received a message, as 
follows, from President Franklin D. Roosevelt.(13)
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12. 87 Cong. Rec. 9665, 77th Cong. 1st Sess.
13. See Sec. Sec. 6.2, 6.3, supra (House action), and Sec. Sec. 7.2, 
        7.3, supra (Senate action), for declarations of war on Germany 
        and Italy.
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     Declaration of War by Germany and Italy Against United States (H. 
                               Doc. No. 454)

        The Speaker (14) laid before the House the following 
    message from the President of the United States, which was read:
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14. Sam Rayburn (Tex.).
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        To the Congress of the United States:

            On the morning of December 11, the Government of Germany, 
        pursuing its course of world conquest, declared war against the 
        United States.
            The long known and the long expected has thus taken place. 
        . . .
            Italy also has declared war against the United States.
            I, therefore, request the Congress to recognize a state of 
        war between the United States and Germany, and between the 
        United States and Italy.

                                        Franklin D. Roosevelt,
                                                The White House,
                                                December 11, 1941.

        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I move 
    that the message of the President be referred to the Committee on 
    Foreign Affairs, and ordered printed.
        The motion was agreed to.

Request for Declaration of War on Bulgaria, Hungary, and Rumania

Sec. 11.3 The House received a written message from the President 
    announcing that the Governments of Bulgaria, Hungary, and Rumania 
    had declared war on the United States and requesting that Congress 
    recognize a state of war between the United States and these 
    nations.

[[Page 1832]]

    On June 2, 1942, (15) the House received a message, as 
follows, from President Franklin D. Roosevelt. (16)
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15. 88 Cong. Rec. 4787, 77th Cong. 2nd Sess. The message was referred 
        to the Committee on Foreign Affairs.
16. See Sec. Sec. 6.4-6.6, supra (House action), and Sec. Sec. 7.4-7.6, 
        supra (Senate action), for declarations of war on Bulgaria, 
        Hungary, and Rumania.
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         Message From the President of the United States (H. Doc. No. 
                                      761)

        The Speaker (17) laid before the House the following 
    message from the President of the United States, which was read, 
    and, with the accompanying papers, referred to the Committee on 
    Foreign Affairs and ordered to be printed:
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17. Sam Rayburn (Tex.).
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        To the Congress of the United States:

            The Governments of Bulgaria, Hungary, and Rumania have 
        declared war against the United States. . . .
            Therefore I recommend that the Congress recognize a state 
        of war between the United States and Bulgaria, between the 
        United States and Hungary, and between the United States and 
        Rumania.

                                        Franklin D. Roosevelt,
                                                The White House,
                                                     June 2, 1942.

Request for Authority to Protect Middle Eastern Nations

Sec. 11.4 The President personally addressed a joint session of 
    Congress to request authorization to cooperate with and assist any 
    Middle Eastern nation or group of nations in the development of 
    economic strength, undertake military assistance, and employ 
    American Armed Forces to secure and protect the territorial 
    integrity and political independence of nations which request aid 
    against armed aggression from any nation controlled by communism.

    On Jan. 5, 1957,(18) President Dwight D. Eisenhower 
addressed a joint session of the House and Senate to request 
authorization to deal with aggression in the Middle 
East.(19)
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18. 103 Cong. Rec. 224-27, 85th Cong. 1st Sess. The message was 
        referred to the Committee on Foreign Affairs.
19. See Sec. Sec. 8.5, 8.6, supra, for House and Senate approval of the 
        requested resolution, respectively.
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        The President: Mr. President, Mr. Speaker, and Members of 
    Congress, first may I express to you my deep appreciation of your 
    courtesy. . . .
        The action which I propose would have the following features:
        It would, first of all, authorize the United States to 
    cooperate with and assist any nation or group of nations in the 
    general area of the Middle East in the development of economic 
    strength dedicated to the maintenance of national independence.
        It would, in the second place, authorize the Executive to 
    undertake in the

[[Page 1833]]

    same region programs of military assistance and cooperation with 
    any nation or group of nations which desires such aid.
        It would, in the third place, authorize such assistance and 
    cooperation to include the employment of the armed forces of the 
    United States to secure and protect the territorial integrity and 
    political independence of such nations requesting such aid, against 
    overt armed aggression from any nation controlled by international 
    communism.
        These measures would have to be consonant with the treaty 
    obligations of the United States, including the Charter of the 
    United Nations and with any action or recommendations of the United 
    Nations. They would also, if armed attack occurs, be subject to the 
    overriding authority of the United Nations Security Council in 
    accordance with the charter.
        The present proposal would, in the fourth place, authorize the 
    President to employ, for economic and defensive military purposes, 
    sums available under the Mutual Security Act of 1954, as amended, 
    without regard to existing limitations.

Request for Authority to Protect the Pescadores and Formosa

Sec. 11.5 The House received a message from the President announcing 
    military activities by the People's Republic of China against 
    Formosa and the Pescadores and requesting a congressional 
    resolution to authorize a Presidential response.

    On Jan. 24, 1955,(1) the House received a written 
message, as follows, from President Dwight D. Eisenhower. 
(2)
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 1. 101 Cong. Rec. 625, 626, 84th Cong. 1st Sess.
 2. See Sec. Sec. 8.3, 8.4, supra, for approval of the requested 
        resolution by the House and Senate, respectively.
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        The Speaker (3) laid before the House the following 
    message from the President of the United States, which was read, 
    referred to the Committee on Foreign Affairs, and ordered to be 
    printed:
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 3. Sam Rayburn (Tex.).
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        To the Congress of the United States:

            The most important objective of our Nation's foreign policy 
        is to safeguard the security of the United States by 
        establishing and preserving a just and honorable peace. In the 
        Western Pacific, a situation is developing in the Formosa 
        Straits that seriously imperils the peace and our security.
            Since the end of Japanese hostilities in 1945, Formosa and 
        the Pescadores have been in the friendly hands of our loyal 
        ally, the Republic of China. We have recognized that it was 
        important that these islands should remain in friendly hands. . 
        . .
            What we are now seeking is primarily to clarify present 
        policy and to unite in its application. . . .
            For the reasons outlined in this message, I respectfully 
        request that the Congress take appropriate action to carry out 
        the recommendations contained herein.
                                         Dwight D. Eisenhower,
                                                The White House,
                                                 January 24, 1955.

[[Page 1834]]

Request for Neutrality Legislation

Sec. 11.6 The President addressed a joint session of the House and 
    Senate to explain that he had convened an extraordinary session to 
    permit Congress to act on neutrality legislation.

    On Sept. 21, 1939,(4) the President addressed a joint 
session of the House and Senate to explain that he had convened an 
extraordinary session to permit Congress to act on neutrality 
legislation. He specifically asked Congress to repeal embargo 
provisions, restrict American ships from entering war zones, prevent 
Americans from traveling on belligerent vessels or in danger areas, and 
require a foreign buyer to take transfer of title in the United States 
to commodities purchased by belligerents. He also requested that 
Congress prohibit war credits to belligerents, regulate collection of 
funds in the United States, and maintain a license system for import 
and export of arms, ammunition, and implements of war.(5)
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 4. 85 Cong. Rec. 9-12, 76th Cong. 2d Sess.
 5. See Sec. 9.1, supra, and Sec.  12.3, infra, for the congressional 
        response to this address (the Neutrality Act of 1939), and the 
        President's proclamation convening a special congressional 
        session, respectively.
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Announcement of Exchange of Destroyers for Bases

Sec. 11.7 The House received a written message from the President 
    announcing that the United States had acquired from Great Britain 
    the right to lease naval and air bases in Newfoundland, Bermuda, 
    certain Caribbean Islands, and British Guiana. Notes between the 
    British Ambassador outlining the terms of the lease and the 
    American Secretary of State accepting the terms and announcing 
    transfer of Navy destroyers were also received.

    On Sept. 3, 1940,(6) the House received a message from 
the President announcing that the United States had acquired from Great 
Britain the right to lease naval and air bases.
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 6. 86 Cong. Rec. 11354, 76th Cong. 3d Sess.
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        The Speaker (7) laid before the House the following 
    message from the President of the United States, which was read, 
    and, with the accompanying papers, referred to the Committee of the 
    Whole House on the State of the Union and ordered to be printed, as 
    follows:
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 7. William B. Bankhead (Ala.).
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            To the Congress of the United States:
            I transmit herewith for the information of the Congress, 
        notes ex

[[Page 1835]]

        changed between the British Ambassador at Washington and the 
        Secretary of State on September 2, 1940, under which this 
        Government has acquired the right to lease naval and air bases 
        in Newfoundland, and in the islands of Bermuda, the Bahamas, 
        Jamaica, Santa Lucia, Trinidad, and Antigua, and in British 
        Guiana; also a copy of an opinion of the Attorney General, 
        dated August 27, 1940, regarding my authority to consummate 
        this arrangement. . . .
            This is not inconsistent in any sense with our status of 
        peace. Still less is it a threat against any nation. It is an 
        epochal and far-reaching act of preparation for continental 
        defense in the face of grave danger. . . .
            The value to the Western Hemisphere of these outposts of 
        security is beyond calculation. . . .(8)
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 8. 8. A Sept. 2, 1940, letter from the British Ambassador to 
        Washington, and the Sept. 2, 1940, response of the Secretary of 
        State, Cordell Hull, are omitted. The British Ambassador 
        outlined the terms of the 99-year rent-free lease. The 
        Secretary of State declared that the Government of the United 
        States ``gladly accepts the proposals'' and as consideration 
        for the plan ``will immediately transfer to His Majesty's 
        Government 50 United States Navy destroyers. . . .''
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            Franklin D. Roosevelt,
                                                The White House,
                                                September 3, 1940.

    An opinion of the Attorney General outlining Presidential authority 
to acquire British offshore naval and air bases and transfer destroyers 
to Britain accompanied the President's message.(9)
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 9. See Sec. 3.2, supra, for the text of this opinion.
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Announcement of Arrival of American Forces in Iceland

Sec. 11.8 The House received a written message from the President 
    announcing the arrival in Iceland of forces of the United States 
    Navy to supplement and eventually replace British forces.

    On July 7, 1941,(10) the House received a message from 
the President (H. Doc. No. 307) announcing the arrival in Iceland of 
United States Navy forces.
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10. 87 Cong. Rec. 5868, 5869, 77th Cong. 1st Sess.
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        The Speaker (11) laid before the House the following 
    message from the President of the United States, which was read, 
    and together with the accompanying papers, referred to the 
    Committee on Foreign Affairs and ordered to be printed:
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11. Sam Rayburn (Tex.).
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            To the Congress of the United States:
            I am transmitting herewith for the information of the 
        Congress a message I received from the Prime Minister of 
        Iceland on July 1 and the reply I addressed on the same day to 
        the Prime Minister of Iceland in response to this message.
            In accordance with the understanding so reached, forces of 
        the United States Navy have today arrived in Iceland in order 
        to supplement, and eventually to replace, the British forces 
        which have until now been stationed in Iceland in order to 
        insure the adequate defense of that country.

[[Page 1836]]

            As I stated in my message to the Congress of September 3 
        last regarding the acquisition of certain naval and air bases 
        from Great Britain in exchange for certain over-age destroyers, 
        considerations of safety from overseas attack are fundamental. 
        . . .(12)
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12. See Sec. 11.7, supra, for the message of Sept. 3, 1940, announcing 
        acquisition of British territory for naval and air bases and 
        transfer of American destroyers to Great Britain.
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            This Government will insure the adequate defense of Iceland 
        with full recognition of the independence of Iceland as a 
        sovereign state.
            In my message to the Prime Minister of Iceland I have given 
        the people of Iceland the assurance that the American forces 
        sent there would in no way interfere with the internal and 
        domestic affairs of that country. . . .

                                        Franklin D. Roosevelt,
                                                The White House,
                                                     July 7, 1941.

    Messages between the Prime Minister and President accompanied the 
President's message to the Congress.

Announcement of Deployment of Marines to Lebanon

Sec. 11.9 The House received a written message in which the President 
    announced that he had dispatched American Marines to Lebanon to 
    preserve that nation's independence and protect Americans.

    On July 15, 1958,(13) a message was received from the 
President, as follows:
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13. 104 Cong. Rec. 13865, 85th Cong. 2d Sess.
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        The Speaker (14) laid before the House the following 
    message from the President of the United States, which was read and 
    referred to the Committee on Foreign Affairs and ordered to be 
    printed:
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14. Sam Rayburn (Tex.).

        To the Congress of the United States:

            On July 14, 1958, I received an urgent request from the 
        President of the Republic of Lebanon that some United States 
        forces be stationed in Lebanon. . . .

            United States forces are being sent to Lebanon to protect 
        American lives and by their presence to assist the Government 
        of Lebanon in the preservation of Lebanon's territorial 
        integrity and independence, which have been deemed vital to 
        United States national interests and world peace. . . .

            It is clear that the events which have been occurring in 
        Lebanon represent indirect aggression from without, and that 
        such aggression endangers the independence and integrity of 
        Lebanon. . . .

            Our Government has acted in response to an appeal for help 
        from a small and peaceful nation which has long had ties of 
        closest friendship with the United States. . . .

                                         Dwight D. Eisenhower,
                                                The White House,
                                                    July 15, 1958.

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