On 2 August 1964, the USS Maddox, engaged in an electronic spying operation in the Tonkin Gulf, was involved in a firefight with North Vietnamese PT boats. On 4 August, the Maddox was apparently attacked again in international waters. Although that second attack was never confirmed, President Lyndon B. Johnson informed the American people that he was retaliating against North Vietnam's aggression by ordering air attacks on its military installations and that he was also asking Congress for its support in the form of a congressional resolution.
Drafted weeks earlier by the executive, this resolution was designed to grant the president the authority he desired to protect and defend American interests in Southeast Asia. Managing the Senate floor debate on behalf of the administration was Senator J. William Fulbright of Arkansas, a respected member of that body who also was a good friend of the president. He sought to quell existing doubts about the seemingly open-ended nature of the resolution by informing several skeptical colleagues that the president sought no wider war in Southeast Asia. According to Fulbright, that was the president's intent and the nature of his policy. Thus, given the strong public support for the president's action and congressional unwillingness to challenge his authority, Congress passed the resolution on 7 August 1964 with only two dissenting votes in the Senate.
The resolution charged that North Vietnam had attacked American ships lawfully present in international waters, which was part of a systematic campaign of aggression it has been waging against its neighbors. Congress approved and supported "the determination of the President, as Commander in Chief, to take all necessary measures to repel any armed attack against the forces of the United States and to prevent further aggression." In addition, it also authorized the president "to take all necessary steps, including the use of armed force, to assist any
member or protocol state … requesting assistance in defense of its freedom."
President Johnson believed passage of the resolution had given him the necessary legal authority to take whatever action he deemed appropriate in Vietnam. But as disillusionment with the war widened and deepened, and as more information surfaced about provocative American actions in the gulf prior to the alleged incident involving the Maddox, Congress grew increasingly unhappy with how it had been deceived by the president in August 1964. Consequently, it repealed the resolution, which became invalid in 1971. President Richard M. Nixon, disregarding Congress's action, continued to wage war in Vietnam while acting in his capacity as commander in chief.
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