Reading Room Document
Authority of the President to use the Armed Forces of the United States in North Vietnam.
This document discusses the President's authority to use the Armed Forces without a formal declaration of war. It explains that the President has the power to use the Armed Forces in the absence of a formal declaration of war, as long as it is to "repel sudden attacks" or in situations short of formally declared wars. The document also presents examples of past Presidents exercising this power, such as President Wilson ordering the occupation of a port without Congressional approval. The document raises the question of under what circumstances the President may use the Armed Forces abroad without Congressional authorization. It also discusses the President's authority to employ the Armed Forces in the absence of a declaration of war and Congressional authorization, and the usage of the President's power to use the Armed Forces without a formal declaration of war.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit