Detroit evening times. (Detroit, Mich) 1921-1958, 1941-07-10
johnson
Challenges
Bishops Talk
General Says Appe a !
Lacks Propriety
BY HUGH S. JOHNSON

w This is surely no time to
challenge the right of any man
to express an opinion. That
right is being subtly impaired
in more ways than one and to
a considerable extent. But il
always did have some limits
such as those governing libel
and sedition.
Bishop Hurley's radio appeal
TO take away from Congress
and give to the President the
right to project this country all
the way, or as far as he likes,
into the war al any time he sees
fl. is probably not bound by any
such legal limitation but il GER
tainly is open TO question on the
ground of propriety.
Our Constitution repoSes that
dreadful decision in the Congress
and not in the President. Bishop
Hurley seems TO deny this but
that, in itself is a curious in
vention. II is the first time l
have ever heard it voiced in
any forum.
How are we going 10 take
away from Congress and lodge
in the President the power TO
engage us in total war? The
only way laid down in the rule
book is by constitutional
amendment. 1t Is very clear
that the good bishop does not
advocate that This whole argu-
ment goes on the ground of
immediate eXpediency. That is
exactly where il is open 10 very
serious challenge.
TT IS an argument for some
Il body Git is not clear who) 10
violate vow registered in
Heaven TO support and defend
the Constitution. This some
body could either be the Pres
ident, if he should usurp this
power. or the Congress il it
should incontinently delegate it.
There is no doubt thai there
is a blind spot in our Constitu-
ton. between the power of Con-
gress 10 declare war and the
power of the President in sup
port OF his other duties. such as
the protection of our commerce
and the rights of our citizens
abroad. 10 use force for the at
tainment of local and limited
detectives.
This blind spot has been con-
siderably widened by the prac-
tice of other nations TO wage
war without declaring il. But.
as long as a veStige of our con-
stitutional democracy is assumed
&c. remain. nobody can honestly
argue for the bishops plea that,
somehow. by some fancy abraca-
dabra. outside the Constitution.
n single man can magic away
the war-powers of Congress and
project us into total war. all
over the world. without the con-
sent of Congress.
THIS column has said that,
Il against its judgment, we are
already in this war. in the sense
that we have assumed obliga-
tions and duties that require us
10 support Great Britain. on the
economic and supply side and
that, since we are thus engaged.
we must spare no effort in this
field TO win the war, and above
all. TO survive IL.
But il has never said and does
not believe, as the bishop seems
10 say. that VIC have so far en-
tered the field of military and
naval strategic shooting, that
we should permit the President
to engage our army and navy
anywhere outside this hemi-
sphere by some kind Of abdica-
ton or usurpation OF the war
powers Of the Congress.
The argument is made by all
war-minded men that the lease
lend bill itself authorized the
President 10 engage us in war.
If. by some trick, il did, every
body who followed that debate
knows that its passage was a gi-
gantic fraud because the reverse
of that was repeatedly asserted
by its proponents TO procure its
enactment.
There is another serious ques-
ton here. Bishop Hurley is a
high prelate of the worlds most
powerful church, which is pro-
foundly respected by everybody.
The great head Of that church
is regarded by its communicates
as infallible. It's clergy. espe-
cially its peers, who wear the
papal ring, are so venerated by
its people that. for religious and
other reasons. their advice has
a far more profound effect with
those people than the advice of
any layman.
Considering these things, how
appropriate is il for bishop of
that church 10 be appealing for
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