384. Memorandum From John Lehman of the National Security Council Staff to the President’s Assistant for National Security Affairs (Kissinger)1


  • Talker for Javits Breakfast2
[Page 836]

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:

Make Secretaries of State and Defense answerable to the Senate a la British Cabinet.
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.]

  1. Source: Library of Congress, Manuscript Division, Kissinger Papers, Box CL 269, Memoranda of Conversation. No classification marking. The memorandum is unsigned.
  2. 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.
  3. Attached but not printed; see footnote 3, Document 383.