Tonkin Gulf Resolution

The Tonkin Gulf Resolution (officially, the Southeast Asia Resolution, Public Law 88-408) was a joint resolution of the United States Congress passed on August 7, 1964 in response to the Gulf of Tonkin incident, in which enemy warships allegedly fired-upon an American destroyer. The Tonkin Gulf Resolution is of historical significance because it gave U.S. President Lyndon B. Johnson authorization, without a formal declaration of war by Congress, for the use of military force in Southeast Asia. Specifically, the resolution authorized the President to do whatever necessary in order to assist “any member or protocol state of the Southeast Asia Collective Defense Treaty.” This included involving armed forces.

Context: The unanimous affirmative vote in the House of Representatives was 416-0. It was opposed in the Senate only by Senators Wayne Morse (D-OR) and Ernest Gruening (D-AK). Senator Gruening objected to “sending our American boys into combat in a war in which we have no business, which is not our war, into which we have been misguidedly drawn, which is steadily being escalated.” The Johnson administration subsequently relied upon the resolution to begin its rapid escalation of U.S. military involvement in the Vietnam conflict.

Mounting public opinion against the war eventually led to the repeal of the resolution, which was attached to a bill that Nixon signed in January 1971.[7] Seeking to restore limits on presidential authority to engage U.S. forces without a formal declaration of war Congress passed the War Powers Resolution in 1973, over Nixon’s veto. The War Powers Resolution, which is still in effect, sets forth certain requirements for the President to consult with Congress in regard to decisions that engage U.S. forces in hostilities or imminent hostilities.