Detroit evening times. (Detroit, Mich) 1921-1958, 1941-08-20
Congress
Alone Has
War Power
No U.S.. Precedent Found
for Ignoring II

Il seems that if particular
dogma is repeated often enough
without contradiction it is ac-
cepted in the Acurrent bewil-
derment as the law and the
prophets.
A dogma which seems 10 he
on its way to this distinction IS
that, regardless of the constitu-
tional provisions requiring trea-
ties 10 be ratified by the Senate
and declarations Of war to be
approved by both houses OF Con-
greSS, yet the President, with
out consulting any other branch
of government, can. by simple
pronouncement, commit the
United States TO any course OF
conduct he pleases, including
war on every front.
The usual path Of this argu-
ment is 10 say that jefferson
completed the Louisiana Pur-
chase without consulting Con-
CreSs. that Monroe promulgated
the Monroe Doctrine without
Congress. that Polk engaged IN
war with Mexico and fought IFS
two principal battles tPalo Alto
and Resaca De La Palma) with
no declaration of war, and that
Lincoln invoked the Civil war
bv attempting 20 relieve Fort
Sumpter without consulting Con-
gress,
I FTS consider the last one
IL first-Lincoln and Sumpter.
The war between the states
however high-minded al the
South. was domestic insurrec--
tion. II is the constitutional
duty of the President 10 see that
the laws are faithfully executed.
For the suppression OF domeS-
tic instruction and the repulsion
of invasion. even the states ana
with the stronger reason, the
President. are not only author
ized hut required 10 use military
force if necessary The Civil war
is no precedent whatever Tor the
current argument about the au-
thoritv of the President. 20 COM
init us 10 foreign war. especially
in an alliance with a nation oil
Europe.
It is true that Zachary Taylor
fought the two battles just men
toned before war was declared
with Mexico. II is also true that,
BY mutual treaties. ratified by
the Senate. the Republic of
Texas had been annexed 10 the
United States. including a claim,
by both Texas and the United
States. as a southern boundary.
tho Rio Grande.
Mexico claimed that the south
crn boundary was the Nueces
River. The American government
proceeded 10 occupy tho land be-
tween the two rivers. Two MeNi-
can armies promptly invaded
that land. General Taylor had
been ordered by President Polk
10 resist any such invasion Of
United States territory
He did. and hence the two
great battles. The invasion Of
Mexico. both by Taylor from
MatamoraS toward Monterey
and later by Scott through Vera
Cruz toward Mexico City, came
only after a declaration of war
hV Congress.
president MONROES doc
4 trine" didn't commit US 20
anything except a statement that
any attempt by any European
power to extend their systems 10
tHc hruCT1CaS would be regarded
here as an "unfriendly' act and
further promise, frequently
forgotten. that We would abstain
from any part in European quar-
rclS.
Il has as yet involved us in
no war. and if il were now 10
do so, it would be absurd 10 say
that a President 50 long dead
could by such a declaration
commit" us now 10 war.
II he had intended 20, II ccr-
tainly didn't work. The Monroe
Doctrine was not invoked TO
/ prevent British seizure Of Hon
duraS and the Falkland Islands.
II has been more honorcd in the
breach than the observance in
our intcrmeddling in Europe
/ quarrels ever since 1917
The Louisiana Purchase was
made at a time Of great unccr-
tainty as 10 federal powers and
as a result of a Shrcwd horse
trade by Yankee ncgotiators
whb bought vastly more than
they were authorized 10 do al
a price that couldn't have been
paid without congressional APP
preparation.
II is no precedent whatever
for the proposition Of unlimited
personal authority in the PreSi-
dent alone TO engage. us in pres
ent wars or to commit us 10
future wars. That can be done
only with congressional concur
renee. Woodrow Wilson found
that out.
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