Evening star., 1920-04-02
SUPREME COURT
MAY DECIDE PEACE
Joint Resolution Plan Raises
Question of Congress
Powers.
nv DAVID LAWRENCE.


Peace by joint resolution of Con-
gress instead Of a treaty has raised
such a serious question as to the
relative powers Of the President of
the United States and the Congress
| that it may require a decision by the
Supreme Court Of the United States
| to settle the dispute.
Republican leaders in the House
| have framed a resolution not only de-
claring the war at an end, but under
| taking to communicate to a foreign
government an ultimatum which, un-
| der the Constitution. heretofore only
| the executive branch of the govern
ment in it's own discretion has been
privileged to send. Here is what Is
| likely to happen:
President Wilson will surely veto
| the joint resolution on the ground
that it trespasses on the constitu-
| tional right of the executive to con-
duct the foreign relations Of the coun-
! try and to make treaties and agree
ments with foreign powers.
! Congress may decide to pass the res
olution over Mr.. wilson's veto. AS
suming that a two-thirds vote Of both
houses is possible-something which
| is doubted because in the Senate the
treaty itself was beaten because
enough democrats stood steadfastiy
by President Wilson and prevented
| ratification with the Lodge reserva-
as to the validity of the joint resolu-
| ton.
| Constitutional Lawyers' View.
Constitutional lawyers disinterested
in the present dispute declare that IL
Congress gave a two-thirds vote to
i the joint resolution when vetoed by
the President it would not stand in
the same category as bill which be-
comes law that way, but would be alb
solutely invalid.
If Congress disputed the invalidity
of the joint resolution under such cir
cumstances, any citizen of the United
States whose property Is affected by
the statement in the joint resolution
that the war has come to an end may
the validity of that resolution The
executive branch of the government
itself, through the Department OF
Justice, could bring such case.
Inasmuch as the Supreme Court has
lately shown that when the public
interest demands it can dispose OF
cases without the delay of so many
months which commonly attends
cases on the calendar. it might be pos
sible to get decision in a few weeks.
resolution really is doomed to failure
simply because the President has SO
many moves by which the measure can
be blocked. People in administration
quarters realize. though they may not
be willing to admit it publicly. that there
is much merit in the contentlon OF SO
many members of Congress relative to
the implied right Of the legislative
branch of the government to terminate
a. war II Congress alone can declare
war, why cannot Congress bring the
same war to an end?
Question That Troubles.
That simple question is what is trou-
bling LAWYERS on both the democratic
and republican sides Of the controversy.
The Constitution does not say anything
about the power Of Congress to end
Wars. but It does specifically give the
President the right to make treaties ana
submit them to Congress for approval
The point has never before arisen. II
will establish a precedent.
| On the other hand, the republican
leaders have included in their joint
resolution the proviso that the Presi-
dent is instructed to communicate to
the German government that. unless
lGermany concurs in the action OF the
American Congress and bestows the
same rights and privileges on America
as would have been gained by the
treaty of Versailles with reference to
property and trade advantages, com.
mercial intercourse with Germany Will
| be SUSPENDED, a1ter Cne IdpSc VI thS
forty y-five-day time limit. In other
words, Congress undertakes to die
tate the nature Of a communication
to a foreign government. while the
iConstitutioR says the President alone
| shall have that right.
/ Pendulum Swings.
The pendulum has swung from one
extreme in which the President sought
Ito make treaty without taking into
Iaccount the sentiment in Congress to
| the other extreme in which Congress
will. if the joint resolution is passed.
Iattempt to dictate how the President
shall conduct foreign relations
The partisan atmosphere, together
| with a government divided on pol1ti-
cal lines is producing constitutional
taneles unknown in American history,
and is slowly building UP a bitterness
of feeling that may make 1t difficult
| to decide any question except through
| the roundabout but nevertheless ef-
fective process of the courts.
| Only the calm and disinterested
| judgment Of the Supreme Court Of the
| United States, set up to say what laws
are valid or invalid. can now settle
the dispute to the satisfaction of
everybody concerned. unless the re-
publican Congress withdraws its COM
| plicating joint resolution and Presi-
dent Wilson sends the treaty back to
| the Senate, with a statement showing
his willingness to compromise on res
ervations.
| DOWNRIGHT. 1901