The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-17
what Would Happen II the Senate
Failed to Ratify the Covenant?

Failed to Ratify the Covenant?
1t is now becoming quite clear tt
ordinary intelligence throughout the
republic that the constitutional power
of the Congress ut Washington to de
clare war cannot be delegated, In any
degree or by any fiction Of form, tt
the Council Of an International League
sitting at Geneva or elsewhere.
Nearly five months ago, on Deem
Der 20 Of last year, The Sun called
attention to the constitutional ques
ton involved in the proposed engage
ment to lend our forces to the policing
Of the world at the call of the League
Of Nations We then said:
For the employment Of the armed
forces of the United States, and the
expenditure Of money in the Treasury
produced by the taxation OF our citi-
sens. for police Intervention in a
quarrel between two foreign nations
ABdlHSt HcitHcE VI winch Wo haNo
direct cause Of war. and in the alb
sence Of q declaration Of war by Us
against one or both. there Ii no war
rant in the Constitution-no warrant
whatever, express or implied =.
THE power to declare war is vested
In the Congress alone. Nothing less
than an amendment Of the Constitu-
ton by the regular process can trans
fer to any external authority any
part Of this sovereign function 1t
cannot be done by any treaty or series
Of conventions. A treaty may be
held to override a statutory enact
ment. but It cannot possibly be held
to override a constitutional provision
or limitation. or to remove any OF the
restrictions imposed ny the Constitu-
ton. or to add one iota to the pow
srs already conferred by that instru-
ment upon the Federal Government
IF a treaty could do this, then
our form OF government could be
revolutionlzed in many particulars
without a reference to the required
vote of the States, merely by the
concurrent action of the Executive
and two-th!rds OF one house of Con-
Hress.
ANY plan, therefore. for our en-
iistment in a world police, subject to
assignment to military or naval duty
by another authority than the Con-
gress OF the United States, requires
an amendment Of the Constitution
II the Constitution continues to be
valid and respected"
The force of the constitutional oil
Section to any engagement to undel
take the policing of the world at tn
call of a League Of Nations is no.
generally recognized. There is a
attempt In the revised version Of tn
covenant to evade the Issue and
disguise the provisions, but In ii
opinion Of some Of the best constitl
tional lawyers In and out of the Sci
ate the second version Is as bad as ii
first. Only yesterday morning SEM
tor KNOX, for instance, was reporte
as saying that the revised draft We
more Objectionable than the origina
and that without authority from Il
people the treaty making powers, NJ
indeed the Congress, cannot delega
to any FIVE, nine or other number I
representatives of foreign Cover
ments powers that the people ha,
delegated to them or reserved
themselves"
Senator KNOX puts the whole ca,
IN q nutshell. Without authorit
from the people Congress cam
transfer our constitutional war ma
ing powers, or any part Of them. to
foreign corporation not recognized |
the Constitution. Congress cannot {
II by a vote of both houses much lie
by a two-thirds vote of the Senat
cooperating with the Executive. Al
yet without the transfer to the Leagv
Of Nations Of some part of the W
declaring power which belongs
Congress there can be no effective pa
ticlpation by the United States
the Wild scheme Of international ami
gamatlon on which President WILst
is stalking his own political forum
and the interests of the republic
which he assumes to speak.
Now, the authority Of the peoI
for the delegation to a foreign boz
of some part Of CONGRESSES constIi
tional powers can be obtained In OF
one way. 1t cannot be obtain
through a referendum vote, for t
Constitution does not provide for a
referendum. President WILSON see