 | 202210 6A World War II Combat Tour for Senators
October 6, 2022
On July 25, 1943, shortly after Allied forces invaded Sicily and Allied bombers targeted Rome, five United States senators set out on a unique and controversial journey: to inspect American military installations engaged across the globe in the Second World War. They boarded a converted bomber named the “Guess Where II” at Washington National Airport to begin a 65-day tour of U.S. military installations around the world.
On July 25, 1943, shortly after Allied forces invaded Sicily and Allied bombers targeted Rome, five United States senators set out on a unique and controversial journey: to inspect American military installations engaged across the globe in the Second World War. They boarded a converted bomber named the “Guess Where II” at Washington National Airport (now Ronald Reagan Washington National Airport) to begin a 65-day tour of U.S. military installations around the world. Each senator wore a dog tag and carried one knife, one steel helmet, extra cigarettes, emergency food rations, manuals on jungle survival, and two military uniforms. The senators were to wear the military uniforms while flying over enemy territory and visiting U.S. field operations in the hope that, if captured, they would be treated humanely as prisoners of war.1
The idea for this inspection tour originated among members of the Senate Committee on Military Affairs and the Senate Special Committee to Investigate the National Defense Program, also known as the Truman Committee. The Military Affairs Committee had been examining every aspect of war mobilization, from soldier recruitment to weapons and supply contracts. The Truman Committee, chaired by Missouri senator Harry Truman, had spent two years exposing waste and corruption in the awarding of defense contracts, including in the construction of military facilities around the United States. Both committees wished to expand their investigations to include inspections of facilities overseas and initially quarreled over which panel would take on the task. The Truman Committee received approval for a tour from General George C. Marshall and President Franklin D. Roosevelt in early 1943. Albert “Happy” Chandler of Kentucky, who chaired a Military Affairs subcommittee also planning overseas inspections, protested and stated that he already had “an understanding” with the War Department about a tour of military bases. Chandler took his case to General Marshall and petulantly told reporters that “maybe the Army ought to take up its legislation with the Truman Committee.”2
The army did not want the “embarrassment” of choosing between the two committees, so the White House tasked Majority Leader Alben Barkley and Republican Leader Charles McNary with reaching a compromise. In July Barkley, who initially opposed the idea of any senators traveling abroad and taking up the time of military commanders, announced the creation of a small, bipartisan ad hoc committee of five senators to take the trip, chaired by Georgia Democrat Richard Russell and composed of two members from the Truman Committee and two from Military Affairs—Ralph O. Brewster of Maine, Happy Chandler of Kentucky, James Mead of New York, and Henry Cabot Lodge, Jr., of Massachusetts.3
The committee's goals were to observe the condition and morale of American troops, the quality and effectiveness of war materiel under combat conditions, and the operations of distributing military and civilian supplies to the Allied front lines. The investigatory committee believed, as Russell later explained, that what they learned on the trip would be helpful “in dealing with questions arising from our relations with the other Allied powers, and in preparing for the many trying and complex issues whose solution must have final approval by the Senate after the war is over.” In particular, the committee was concerned about securing access rights at the war’s conclusion to military installations that the U.S. had helped to establish overseas.4
As laudable as this mission seemed, departing members received a good deal of criticism both from colleagues and constituents. At a time of stringent gasoline rationing, a constituent wrote Russell that it would be wiser to allocate his aircraft's fuel to the needs of “your Georgia people.” Senator Bennett Clark of Missouri suggested that military commanders would not “let them see enough to stick in their eye.” The senators were determined to prove Clark wrong.5
The senators' first stop was England, where they bunked with the Eighth Air Force, dined with the king and queen, and interviewed Prime Minister Winston Churchill. They moved on to North Africa, spending a week in various cities along the Mediterranean Sea. From there they toured installations in the Persian Gulf, where U.S. supplies were being shipped to support the Soviet Union. They continued on to India, China, Australia, and Hawaii before returning home on September 28. The flight from the British colony of Ceylon (present day Sri Lanka) to the west coast of Australia, 3,200 miles over water, was the first time anyone had flown nonstop over the vast Indian Ocean in a land-based plane. Along the way the senators met with commanders and high-ranking civilian officials as well as enlisted men and wounded soldiers. In total the trip took 65 days and logged 40,000 miles.6
Upon their return, Russell had planned to brief the Senate at a secret session set for October 7. Before that briefing, however, Military Affairs Committee member Henry Cabot Lodge, Jr., upstaged Russell by giving his own account in public session, a move that angered the chairman. Russell shared the committee’s report with his colleagues as planned and the next day had summary findings inserted into the Congressional Record for public consumption. The report framed the key issues of postwar reconstruction and policy, including recommendations for continued U.S. access to overseas military bases, the prospects of continued foreign aid after the fighting stopped, and a proposal for merging American military branches into a single department after the war.7
The report set a firm precedent for future overseas travel by senators, with additional trips taking place in 1945. Senator James M. Tunnell led a subcommittee of the Committee to Investigate the National Defense Program, known as the Mead Committee after the departure of Harry Truman, on another visit to military installations in North Africa and the Middle East in early 1945. In May 1945, after Germany had surrendered, Russell guided a group of eight senators from the Military Affairs and Naval Affairs committees on a trip to France and Germany, where some of the hardest fighting of the war had taken place.8
While some observers had doubted the utility of the 1943 tour, the detailed report of Russell’s committee persuaded them that the senators had completed a useful task, setting the stage for future congressional delegations (CODELs). New York Times columnist Arthur Crock, who admitted that he had his reservations about the trip, afterwards praised the group for its careful examinations and declared the trip “an excellent illustration of what can be done by Congress by the use of the effective and responsible committee system.”9
Notes
1. George C. Fite, Richard B. Russell, Jr., Senator from Georgia (Chapel Hill: University of North Carolina Press, 2002), 189.
2. “2 Senate Committees Wrangle Over Who Rates Africa Tour,” Washington Post, April 9, 1943, 1; Fite, Richard B. Russell, 188–89.
3. “Avoids Ruling on Junkets,” Baltimore Sun, April 18, 1943, 15; “Five Senators to Tour World in Army Plane,” Chicago Daily Tribune, July 1, 1943, 5; “War Will Continue Until 1945, Warn Senators Back from Tour,” Washington Post, September 30, 1943, 1.
4. Katherine Scott, “A Safety Valve: The Truman Committee’s Oversight during World War II,” in Colton C. Campbell and David P. Auerswald, eds., Congress and Civil Military Relations (Washington, D.C.: Georgetown University Press, 2015), 36–52; Congressional Record, 78th Cong., 1st sess., October 28, 1943, 8860; “Senators Seek Post-War Base Showdown Now,” Chicago Daily Tribune, July 04, 1943, 8.
5. “Senators to Visit Our Forces Abroad,” New York Times, July 1, 1943, 8.
6. Congressional Record, 78th Cong., 1st sess., October 28, 1943, 8860; “Senators Reach Hawaii,” New York Times, September 23, 1943, 6; Fite, Richard B. Russell, 191.
7. Fite, Richard B. Russell, 193; Congressional Record, 78th Cong., 1st sess., October 8, 1943, 8189–90.
8. Fite, Richard B. Russell, 195–96.
9. “War Tour By Senators Promises Wide Benefits,” New York Times, October 3, 1943, E3.
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 | 202107 1Reasserting Checks and Balances: The National Emergencies Act of 1976
July 1, 2021
In 1973 the Senate assigned a herculean task to a small temporary committee. The Special Committee on the Termination of the National Emergency (renamed the Special Committee on National Emergencies and Delegated Emergency Powers in 1974), co-chaired by Democrat Frank Church of Idaho and Republican Charles Mathias of Maryland, would investigate outdated emergency powers granted to presidents by Congress in the previous half century. The inquiry’s surprising findings convinced Congress to pass the National Emergencies Act of 1976.
In 1973 the Senate assigned a herculean task to a small temporary committee. The Special Committee on the Termination of the National Emergency (renamed the Special Committee on National Emergencies and Delegated Emergency Powers in 1974), co-chaired by Democrat Frank Church of Idaho and Republican Charles Mathias of Maryland, would investigate outdated emergency powers granted to presidents by Congress in the previous half century. The inquiry’s surprising findings convinced Congress to pass the National Emergencies Act of 1976.
The story of this obscure Senate committee begins with the Vietnam War. In 1968 Republican presidential candidate Richard Nixon pledged to end the war if elected. In the spring of 1970, however, President Nixon secretly expanded the war into Cambodia—without congressional approval. Weeks later, Nixon announced the expansion of the war into Cambodia on national television. The administration’s actions infuriated many senators, especially Frank Church, a long-time Vietnam War critic. Church drafted a proposal—later known as the Cooper-Church amendment—to prevent congressionally appropriated funds from being used in Cambodia. Secretary of Defense Melvin Laird quickly rendered this effort moot. If Congress halted funding for the Cambodia effort, Laird warned, the Pentagon would fund the operation under the emergency provisions of a Civil War-era law called the Feed and Forage Act. With that law, Congress had granted the U.S. Cavalry the authority to purchase feed for its horses if previously appropriated money had run out while Congress was not in session. Laird explained that the provision had been used in 1958 in Lebanon and in 1961 in Berlin to fund U.S. military actions.1
The administration’s ability to circumvent Congress under the authority of a century-old law troubled Church. He had developed a reputation among his colleagues as a checks and balances proselytizer, routinely sermonizing that growing executive power threatened the health of constitutional government. When Nixon’s predecessor, Democrat Lyndon Johnson, occupied the White House, Democratic majorities in Congress felt little urgency to limit the powers of a president of their own party, and Church’s homilies fell on deaf ears, but the Nixon administration’s invasion of Cambodia converted some of Church’s colleagues to his cause. One of them, Republican Charles “Mac” Mathias of Maryland, insisted that Congress had a role to play in holding every president accountable—regardless of party. On January 6, 1973, the Senate created the Special Committee on the Termination of the National Emergency. Church and Mathias would lead the inquiry, joined by six colleagues and a small committee staff.
Identifying the powers that Congress had conferred on presidents during times of emergency proved to be a complex task. In the pre-personal computer era, searching hundreds of printed government publications for delegated emergency powers was extraordinarily time-consuming. After months of digging, committee staff learned that the U.S. Air Force maintained a searchable list of statutes on a computer in Colorado. Using that database and other published paper sources, investigators painstakingly compiled a list of 470 powers that Congress had granted to presidents in the previous 50 years during times of crisis, such as depression or war. “Taken together, these hundreds of statutes clothe the president with virtually unlimited power with which he can affect the lives of American citizens in a host of all-encompassing ways,” Church wrote, including seizing property and commodities, instituting martial law, and controlling transportation and communication. Though these crises had ended, Congress had not officially cancelled or revoked the powers it had granted to administrations to address them. As the Nixon administration had demonstrated, presidents could exercise these powers without congressional approval. Four national emergencies remained in effect—including one on the books since 1933! “It may be news to most Americans,” explained one Washington Post reporter, that “we have been living for at least 40 years under a state of emergency rule.”2
The committee’s investigation found that the legislative branch had rarely limited presidents’ emergency powers. The judicial branch, by contrast, had occasionally constrained those powers. For example, the Supreme Court firmly rebuffed President Harry Truman during the Korean War. The president had issued an executive order to seize control of some steel mills in 1952. Truman insisted that, as commander in chief, he had the authority to take action to avoid steel production slowdowns likely to be caused by an anticipated labor strike. The Court’s landmark decision in Youngstown Sheet & Tube Company v. Sawyer found that no law provided for the president to seize control of private property. Associate Justice Robert Jackson wrote that presidents enjoyed maximum power when they worked under the express or implied authority of Congress, but presidents who took steps explicitly at odds with the wishes of Congress worked “at [the] lowest ebb” of their constitutional power.3
The committee’s exhaustive research as well as several high-profile congressional investigations, including the Senate Watergate inquiry of 1973–74, convinced many in Congress that the time had come to reassert congressional checks and balances. The House introduced the National Emergencies Act in 1975 and the Senate passed a slightly amended version of that bill by voice vote in August 1976. The House agreed to the Senate’s amended bill, and President Gerald Ford signed the National Emergencies Act into law on September 14, 1976. The new law ended four existing states of emergency and instituted accountability and reporting requirements for future emergencies.4
Notes
1. Frank Church, “Ending Emergency Government,” American Bar Association Journal 63 (February 1977): 197–99.
2. “Bill Miller, Staff Director, Church Committee," Oral History Interview, May 5, 2014, Senate Historical Office, Washington, D.C.; Church, “Ending Emergency Government,” 197–99; Ronald Goldfarb, “The Permanent State of Emergency,” Washington Post, January 6, 1974, B1; Special Committee on the Termination of the National Emergency, Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency, S. Rep. 93-549, 93rd Cong., 1st sess., November 19, 1973.
3. "Youngstown Sheet & Tube Company v. Sawyer," Oyez, accessed June 16, 2021, https://www.oyez.org/cases/1940-1955/343us579.
4. “Major Congressional Action: National Emergencies,” Congressional Quarterly Almanac 32 (Washington: Congressional Quarterly, 1976): 521–22.
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