384. Memorandum From John Lehman of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)1
Washington, February 4, 1971.
SUBJECT
- Talker for Javits Breakfast2
Senator Javits is most exercised by the following matters— arranged in order of their probable concern to the Senator:
[Omitted here is discussion of Laos and Cambodia.]
War Powers
—You may recall Javits’ Foreign Affairs article of January 1970 in which he proposed:
- 1.
- Make Secretaries of State and Defense answerable to the Senate a la British Cabinet.
- 2.
- Vastly expand the staff of the SFRC to compete on even terms with the NSC.
- —This week Javits introduced measures to accomplish no. 2.
- —If the opportunity presents itself, you might gently discourage him from adding to Fulbright’s personal staff (the real result of Javits’ proposal).
- —Javits plans on reintroducing his war powers
Resolution which limits by law the President’s powers
by:
- • Allowing only four instances where the President could use U.S. forces without Congressional authorization.
- • In those four circumstances the Congress must authorize within thirty days or the President must cease hostilities immediately.
- —This resolution is absolutely unacceptable and I recommend that you be firm in clearly indicating that the Administration will actively oppose it.
- —I recommend further that you suggest the Zablocki Resolution (passed by the House) (see Tab A)3 as an acceptable alternative.
[Omitted here is discussion of the Middle East, China, Chile, trade bill, and NATO.]
- Source: Library of Congress, Manuscript Division, Kissinger Papers, Box CL 269, Memoranda of Conversation. No classification marking. The memorandum is unsigned.↩
- Kissinger had breakfast with Senator Javits from 9:10 to 9:50 a.m. on February 5. (Ibid., Box 438, Miscellany, 1968–1976 Record of Schedule) No record of the conversation has been found.↩
- Attached but not printed; see footnote 3, Document 383.↩