In the U.S Constitution, it is explicitly stated that only the legislative branch has the power to declare war. In Article 1, Section 8, it says that Congress has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. It is then stated in Article 2, Section 2 that the President shall be Commander in Chief of the Army and Navy of the United States and can wage war once Congress has declared it. As President Johnson asked Congress to pass his Gulf of Tonkin Resolution bill that would take aggressive action and involve America in a foreign civil war, he was able to dispatch troops to Vietnam without a formal declaration of war from Congress. Johnson’s actions in 1964 were unconstitutional and an abuse of his executive power. Without following regulation provided by the document of which the nation was founded on, he escalated the war with his resolution due to his strong belief in the ‘domino theory’ and fervent opposition to communism. Congress should not have passed his resolution because it was not Johnson’s, but their job to decide whether or not to be involved in the