The Washington times., 1935-01-25
FOREIGN POLICY.
RULE SOUGHT
BY LEAGUE
Proposed Court Protocols Rob
The Senate of Power
To Make Treaties
By JAMES T. WILLIAMS, Jr.


AS the Senate is stampeded by
outside pressure toward a vote,
without any pretenSe of adequate
debate. upon the League Court
protocols now pending, it's every
member by now must be aware
that the main issue raised by
these intricate documents is Of
far graver concern to the future
OF the United States than any i'm
mediate ENHANCEMENT of this
country with the private court of
the League of Nations.
The paramount purpose and ef-
feet of the pending protocols is
to Europeanize the whole Ameri-
can system, established by the
trainers of the Federal Constitu-
ton, for the final control of
American foreign policy.
This final control, under the
American system, is given by the
Constitution to th2 Senate.
Up To the Senate
Under the American system the
Executive is entrusted with the
conduct of foreign relations and
With the power of initiative in the
negotiating of a treaty.
But under the American system
as it is established by the Federal
Constitution, it is the Senate and
not the Executive which has the
final voice in the making of a
treaty.
For a treaty negotiated by the
President, either directly or
through the Department of State,
to become effective, its ratifica-
ton must receive the advice and
consent of two-thirds of the
Senators present.
From time to time in the past
proposals have been made in both
Houses of Congress to deprive
the minority of any voice in the
making of treaty by amending
the Constitution so as to provide
for ratification of treaty by a
vote of a majority of the Sen
ators present. Always, however,
in the past, these proposals have
failed to receive any substantial
support in either House.
Both Houses of Congress hither-
to have overwhelmingly favored
the retention of the constitution
al requirement that to ratify a
treaty tWo-thirdS of the Senators
present must approve it. The
reason for insisting upon this
requirement was that the rights
OF the minority might be pro-
tected in the entering upon an
engagement which might ulti-
mately involve this country in
war.
Effect of Proposal
At the end of the great war
there began an attempt to 90
l-uch further than modify the
treaty-making process prescribed
IL the Constitution. When the
Treaty of Versailles was brought
to Washington in 1919 for exami-
nation by the Senate it was found
that to ratify this engagement,
which included the covenant of
the League of Nations, would 90
a long N.ay toward Europeanizing
the American system for the con.
troll of foreign policy. Uncondi-
tlonal ratification of this treaty
would have involved a surrender
by the Senate of a large part of
its final control of it's foreign
policy.
After great debate that lasted
Tor months the Senate rejected
the Versailles Treaty and its en-
tangllng League covenant, and
thereby refused to Europeanize the
American system under which the
final control of foreign policy is
entrusted by the American people
to their Senators in Congress.
Now comes the same issue in a
new form and the Senate soon
Will vote upon it under a pressure
that is suppressing debate before
the American people can become
aroused and learn for themselves
the truth about the real issue,
From the pending League Court
protocols the most vital condition
OF all the conditions fixed by the
senate five years ago for American
adherence has been eliminated
oy the League of Nations.
This condition was clearly set