Evening star., 1938-02-08
EXECUTIVE POWER
IN FOREIGN POLICY
HELD PATH TO WAR
Borchard, Cutting Lecturer,
Urges Control by Democ.
racy's Voters.
BACKS REFERENDUM
ON ARMED STRUGGLES
Yale Professor in International
Law Fears Crusader Whims
May Embroil U. S.

The President and the State De-
partment have an undemocratic con-
troll of our foreign policy which should
be limited by Congress and the whole
people. Prof. Edwin M. Borchard,
Yale University expert in interna-
tional law, said last night. He spoke
at Constitution Hall in the second Of
the three 1888 Bronson Cutting Me-
mortal Lectures
An advocate of the national refer
endum on participation in wars be-
yond the American continents, DR..
Borchard condemned the principle OF
collective security. recommended by
the President in a Chicago speech last
October, as the father Of armament
races. and he denounced the League
of Nations, built on the thesis OF
collective security, as an invitation
to international discomfort. He re-
marked that If the United States had
stayed out Of the World War, Europe
might today be less source OF in
ternational hysteria."
Scrutiny Of Conduct Urged.
Instead OF neutrality legislation, DR..
Borchard said, what We need today
as insurance against being pushed
into war is closer public scrutiny OF
the Executives conduct in foreign
affairs. This point climaxed his ar
gument that in all public affairs "the
maintenance Of democracy will consist
not only in defation of Executive
power and its restoration TO popular
control, but in public vigilance
greater than heretofore manifest
The plain fact is that the time
honored principles and rules OF neu.
trality, developed over a period O.
several centuries and applied by the
United States in many European wars
furnish to those who desire to remain
neutral an adequate armory with
which to protect the United States
against involvement in any foreign
war" said DR.. Borchard, who was
assistant solicitor for the State De-
partment from 1918 TO 1914, when ne
was 20. He added Of the presidential
proposal to quarantine" certain
nations:
Judging by the atmosphere which
today prevails IN Washington, one
may readily conclude that the theory
OF coercing other powers in the In
terests Of a supposed morality Is in
the ascendancy. 1t also indicates that
the popular desire for staying out OF
other peoples wars may through the
constitutional forms be frustrated by
any executive with the crusading in
stinct."
Outlines 4-Point Program.
Democracles, he said, have no busi-
ness Judging the worth Of other po-
litical forms or of the activities of
other lands. In order to keep the
people or the peoples representatives
in Congress in closer alliance with the
course Of our foreign policy than
modern custom allows. DR.. Borchard
suggested these four steps aside from
the war referendum, which, as en-
bodied in the Ludlow resolution, was
recently shelved by the House:
l. A limitation of the executive
agreement in foreign affairs. 1t
should be required that no important
engagement be contracted by this
Government without the concurrence
OF the Senate in the form OF treaty
or without the concurrence of rep
resentative body of the Congress. who
with the Secretary of State shall bs
the judge of the importance of the
engagements under consideration and
of the propriety of their conclusion
without treaty"
2. Establish a standing committee
Of Congress on foreign affairs to con-
fer with the President and Secretary
of State on foreign policy and to con-
troll their activities in the foreign
policy field OF the present hiatus
between Congress and the White House
on foreign policy, DR.. Borchard COM
mented:
The chairman of the Foreign Re.
lations Committee may announce one
policy and the Secretary of State quite
another. Actually only the President
and perhaps the Secretary of State
know what the foreign policy of the
United States Is. This is hardly con-
sistent with democratic principles"
8. Publication in an annual report
to Congress by the State Department
of documents dealing with our foreign
anairs. Such a report, known as
Foreign Relations of the United
States" is now 16 years behind the
present, DR.. Borchard said
4. Admit cabinet members to the
floors Of Congress to ask and be asked
questions. Even the opportunity OF
the Secretary Of State to decline an
answer on the ground that 1t would
impair the public interests would not
nullify the advantages" of such ques-
tioning. AT the present moment no
explanation has been afforded as to
why the Executive thinks there Is not
a state Of war in China"