Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-06-14
MIR. FUCKERS IMPORTANT BOOK
Hy Douglas Gordon.

basis of negotiation between any iva
countries Of the world tho author ,c
serts mat this contention must be
supported by the assumption that an
governments OF the world are similar
ana that each may negotiate treaties
regardless OF the character of it's gov
crnmcnt, whether 1t be monarchicaI
or republican in form, and without re-
gard TO the restrictions that may be
placed upon such power by the con-
sututtons Of such countries.
AT this point no pertincntlv asks.
~ TINS writing GylD. Germany
might by treaty ccdc a portion Of her
territory to Russia as :, condition OF
peace. or vice versa. In order 10 ter
inmate the worlds greatest war
Could the United States by treaty ccde
any part OF one Of the states OF tho
Union? Again. in denying the prin-
ciplc that the trcaty-makinE power
suDerscdcs all other law because. un-
der Article vi OF the Constitution. a
treaty is the supreme law Of the land.
he says: The Supreme Court has de-
cided frequently that all matters which
pertain TO the health. morals safety,
etc. of the people in their domestic
lives belong by right to the States to
determine under their police power and
are not included in any grant to the
Federal government under the Const!-
tuition. Could il be claimed by
any ono that n treaty between France
and the United States, giving the citi-
Zcns OF each country the right to en-
gage in business in the country Of the
other. would be effective in the State
OF Maine in allowing citizen OF
Franco to open barroom for the sale
OF Intoxicating liquors?"
Still another limitation upon the
treaty making power, discussed and
clucida,ed by MIR, Tucker, may be
summed up In his quotation from
Turner VS.. American Baptist Mission
airy Union, Mclean. 3iz "a treaty
Is the supreme law OF the land in re-
spcct OF such matters only as the
treaty making power without the aid
OF Congress, can carry into effect.
Where n treaty stipulates for the pay
mcnt OF money for which an appro-
printion is required. 1t is not operative
in the sense OF the Constitution. Every
foreign government may be presumed
to know that, so far as the treaty slip
ulatcs TO pay money. the legislative
sanction is required This naturally
indicates the authors belief-a belief
which he strongly supports-that the
House Of Representatives has an un-
doubted right to examine treaties be-
fore making appropriations to carry
them out.
Further limitations are laid down by
Mr.. Tucker as combining the treaty
making power 10 the cNcTClSc ol SiNS
that In no way conflict with the rights
of States 10 regulate domestic affairs.
and illustrates his point by discussing
fully the action Of California in re-
gard to separate schools and alien land
laws. Precedents of all kinds, eXccu-
tive. Legislative, judicial and diplo-
matte, are set out and explained with
such clarity that their collection forms
n document of historical and political
Importance. quite apart from It's value
as n treatise.
EpitomZing a work too rich to be
cpitomiZed, Mr.. Tucker lays down the
following as proper and constitutional
limitations upon the trcaty-makinS
power under the Constitution Of the
United States:
!. That a treaty cannot take away or
impair the fundamental rights and
liberties Of the people secured TO
them in the Constitution itself, or in
any amendment thereof.
II. That n treaty cannot bind the
United States by any agreement to do
what is expressly or implicitly forbid
den in the Constitution.
III. That a power granted in the Con-
StitutiOn to he exercised by certain
department of the government and in
a certain way, cannot be validity eXer-
cised by treaty in disregard Of the
manner prescribed in the Constitution.
Nv. That Il treaty cannot change the
States
V. Personal and property rights OF
kind and description may he the sub
ject of treaties Whenever the control
or protection of such rights is. under
tho Constitution, confidcd to any de-
partmcnt Of the government or to Il
State, such department or State, as
the constitutional repository OF such
rights, cannot be ousted Of their jur-
isdiction by having the same trans
ferred to the treaty-making power
VI. That the treaty power cannot
confer greater rights upon foreigners
than are accorded citizens Of the United
States under the Constitution.
And In conclusion, the distinguished
teacher, upholder Of States rights and
constitutional lawyer urges in no un-
certain terms the majesty Of the Con-
stitution, saying: ITO disregard the
Constitution under tho plea OF sun
posed necessity, is to adopt the spccious
plea of tyrants in all ages To aban-
don our Constitutional Government and
supplant 1t with the flccting sucCes-
ton Of some supposed temporary neces-
sity. is to deny that this Is a govern
ment of law. and to accept the fallaoy
that 1t Is government Of men."