Evening star., 1940-06-11

ClOISs are PERU ~
nent now because wars are not
declared in a formal sense, but
happen overnight DemOcracles are
supposed to be at a disadvantage
because they cannot move as quickly
as dictatorships, but close reading
of the Constitution of the United
States will reveal that our fore
fathers wisely provided for just such
contingency as may arise this
summer or this autumn or perhaps
In the coming years Of unsettled
world conditions.
It is not generally realized, but
there are at least two places in the
Constitution where military powers
can be invoked without the neces-
sity of a formal declaration of war
Section 8 of Article I says:
The Congress shall have power
49, to provide for calling the militia
to execute the laws of the Union,
suppress instructions and repel in
vasions.'.
Power for Defense Moves.
In another part of the same Sec
ton, the Constitution says:
THE Congress shall have power
to provide for the common
defense = to raise and support
armies ''' to provide and maintain
a navy"
These provisions mean that Con-
gress, as already requested by the
President, may provide in advance
for the summoning of the National
Guard to active service. Another
section of the Constitution says:
The President shall be COM
inander in chief of the Army and
Navy of the United States and of
the militia of the several States
when called into the actual service
of the United States"
Thus the United States may never
declare war on Germany or enter
into a formal alliance with the
Allies. but may proceed on the
theory of repelling invasions. There
is, for example, pending in Con-
gress a resolution which sets forth
that any attempt by a nom -Ameri-
can power to occupy territory not
now held by such power in the
Western Hemisphere would be an
attack on Americas vital interests.
Once this resolution Is passed, the
Commander in Chief of the Army
and National Guard could proceed
to repel any invasion or attack on
our interests Congress in effect
will have authorized in advance any
military measures that might be
necessary to ward off attack.
Delegation of Authority.
It Is important for these points
to be made known, because it would
be most unfortunate If, when the
United States did take military or
naval precautions, there were to
arise a criticism that America was
being placed into war without
vote of the Congress.
The Constitution enables Congress
to delegate authority to the Presi-
dent to use the Army and Navy
at moments notice. There could
be no effective defense against
sudden attack if the constitutional
clauses we're not worded as they
are. Congress. of course, can re-
woke the delegated authority when
1t pleases.
The emergencies that may arise
requiring quick action and not a
prolonged debate in the Senate,
where filibustering by minority
even for two days might imperil
Americas security, can be met by
grant of congressional power at
this time. If the Allies are defeat
\ ed and the British fleet attaches
itself to the Canadian government
overnight. the Nazis may be de-
manding under penalty of reprisals
against civilians in Britain that the
feet be surrendered. Canada can
not financially support the British
feet or give it adequate bases and
docking facilities. The United States
might have to seize" the British
fleet overnight and challenge the