The Ypsilanti daily press. (Ypsilanti, Mich.) 1928-1962, 1941-03-20

can 90 IL II ne
Presioen. chooses to.
Roosevelt Under the con-
stitution the White House tenant
Is commander-in-chief of our army
and navy. meaning. as most eX-
perts interpret our fundamental
law. that he can employ either or
both OF them exactly as he sees
fit, regardless of any prohibition
embodied in mere piece Of cur
rent legislation.
In other words, that particular
part OF a congressional act like
the !cGse-lend measure doesn't hold
water, the chief executives army
and navy commandership can be
qualified only by a constitutional
amendment. first voted by the ma
tional lawmakers and then ratified
by the states, at their respective
capitals. OF itself. congress vote
is insufficient. And it usually takes
quite awhile to get constitutional
amendment ratified. 1t can't be
done at all, occasionally.
In the meantime, if the consti-
tutionalist consensus is right, F.
d. r. can disregard that anti-con-
voy clause in the lease-lend enact
ment with perfect legal propriety.
Maybe it wouldn't be diplomatic Of
him TO do so, considering the OBJ
viousness of congress- feeling on
the subject, and maybe. for that
reason, he'll refrain from doing it.
But it isn't certain.
Senator Bennett Champ Clark
was largely responsible for wang
ling into the lease-lend bill the
wording at least implying that we
won't transport war supplies to
Britain, Greece. ct. al. in American
cargo carriers or assign our men,
o'-war to accompany and protect
their cargo carriers through bellig-
erent waters.
What Congress Can Do
1t appears that congress is en-
titled to prohibit our merchant
shipping to venture into danger
zones, at the risk of being sunk
and thus probably involving us in
other countries hostilities. There's
nothing in the constitution maxi
ing our mercantile marine subject
TO a presidential commandments
craftsmanship or anybody elses. In
that matter congressional man.
date is final.
Our army and navy are differ
ent. The, presidents their boss.
Unless and until the constitution
altered it seems he can do what
ever he pleases with EN-.
He can order our war craft
wherever he thinks best.
He also can send our land SOL
diery and military aviators abroad
if he wants to, despite congress
sional objections, If any.
The president can't declare war,
to be sure; that's a congressional
prerogative. The president can
wage undeclared war, though. It's
a commonplace that he can create
a state of affairs that leaves the
legislators no choice but to come
across with formal declaration.
Congress does have one theoreti-
cal string on the White House.
1t takes lot OF money to wage
even an undeclared war, and con-
gress can refuse to let the presi-
dent have it.
There's possibility mot prac-
teal but theoretical oHel that
the lawmakers might draw the line
on digging up the funds to finance
the dispatch of big eXpeditionary
land force overseas.
Navy Is Different
But what about the navy? We
have TO have one; it has to be row.
ing all over the oceans and con-
gress can hardly balk at providing
it with adequate funds to keep it
aAoat and primed for action. 1t
isn't like a land force, which can't
be transported TO foreign parts
without considerable expensive
preparation A navy has to be
prepared everlastingly to go
wherever it's ordered to 60. And
the president gives the order
without necessarily consulting any
body, If he deems it necessary to
start shooting in hurry.
A land soldier. here in the Unit
ed States, doesn't unlimber his fire.
arms on very short notice. unless
we're invaded and there's no i'm
mediate prospect Of that. Right
here there's nobody for him to
shoot at. He has to travel a long
distance to get within range Of the
other fellow.
But suppose the case Of an
American warship. escorting a
British merchantmen to Britain,
with cargo OF stun the British
need to fight Germans With And
suppose Nazi submarine pops up