Evening star., 1943-12-11

IlIullOlldi because tney are pre-
aominantly military.
There would. not have been time
Tor the slower processes of ratifica-
lion by treaty, with a two-t thirds
fote OF the Senate necessary to
ratify. In the midst of war which
Congress has declared, formally and
IN the midst of an operating situa-
lion in which the Congress has
delegated to the President powers
to wage the war, it is to be noted
that the Chief Executive has entered
into formal agreements with other
governments relative not only to the
!ength of the war but the policies
that are to be followed after hos
tilities have ceased.
Technically a state of war will
Exist long after hostilities have end
I'd. Until Congress and the Presi-
dent jointly declare a state of peace,
the powers of the Commander in
Chief and of the President which
Congress has delegated as war
powers" will continue.
The Importance of the Moscow,
Cairo and Teheran agreements is
that they have apparently been ap-
proved by an Overwhelming public
opinion. This is all that is really
essential in any democracy. for the
supreme will asserts itself above
constitutional technicalities. Very
often in American history-as. for
Instance. in the War Between the
States-many things are not de-
peloped into concrete cases for de-
cision as to constitutionality but ap-
pear to have the unchallenged sane
ton OF the people as a whole.
Realism requires that the expert
ence of the last few weeks be exam
ined more as a lesson in constitu-
tional evolution in a national crisis
than as deviation from traditional
practice. 1t has often been con-
tended that the United States could
not cooperate with other govern
ments in the maintenance of world
peace because in critical situation
1t is necessary to carry on a con-
gressional debate or to run the risks
Of displeasing bare minority of
one-third Of the Senate who, with
one extra vote above one-third, can
block ratification of treaty. But
the precedents being established by
the Commander in Chief in this war
are being approved by the people
because it is the only commonsense,
practical way for a democracy to
function in wartime Either we dele
gate to the head of the executive
branch of the Government which
deals always with foreign countries
the power to make wartime commit
ments or we handicap the Executive
and hence the whole Allied strategy.
The answer for those who fear
this is too much of a delegation of
power is not to be found in ham
stringing the executive but in max
ing the executive more instead of
less responsible to the legislative
branch of the Government. Obvi-
ously Prime Minister Churchill has
greater flexibility than President
Roosevelt, because he can do almost
anything on the assumption that
the Parliament will Approve. If
he risks the doing of anything that
Parliament might disapprove he
takes the chance of being ousted
from Office overnight.
Here, for instance, Is a presiden-
tial election coming in 1914 in which
the American people must pick their
leader for the next four years not
knowing how many of those years
will be peace or war years. If they
want to maintain the same leader
ship in the handling of the war and
yet want change Immediately upon
the declaration of state of peace,
they cannot have it unless the war
lasts another four years. The par
liamentary system is used by our
neighbor, Canada, and elections can
be timed to be held when they do
least damage to the war effort.
Mr.. Roosevelt is making important
commitments abroad. If he is going
too far, there is no way to check
him under our system, but if he
is doing what the people want him
to do, there is no certain way of CIV
ing him vote of confidence unless
he submits every article in the form