Detroit evening times., 1945-01-23


all senator's present.
To replace this time-teSted
provision the supporters of the
House resolution propose that
hereafter treaties shall be rati-
fled by a bare majority vote OF
Senate and House.
If such an amendment should
be adopted in time the treaty
making pow er after this war
would pass into the sole hands
OF the President, in view of the
fact that his party controls both
houses Of Congress by large ma
joritFeS, and in view of the fur
ther fact that this party has
been almost abjeCtly subservient
10 the executive power for
dozen years.
Not an argument has been ad-
vanCed in support OF this de-
Structive proposition that has
not been raised and demolished
in the past.
THE whole question was most
l. threShed out in the Consti-,
tutional Convention.
Nor is there ANYTHING now in
the desire of the House Of Rep
reSentativeS to get a finger in
the treaty-making pie.
In 1894 the House asked
President Washington 10 submit
10 1t the papers in the case Of
tho British treaty of that year.
Washington refused.
The House is excluded from
the treaty-making power, and
for the best Of reasons.
In his celebrated "commen-
tarieS' on the ConSttutlon-vol.
1.-THE late Justice Joseph
Story Of the L. S. Supreme
Court, utterly demoliSheS the
whole theory upon which the
pending House resolution sup
pOSedly is prediCated.
Any one particularly inter-
eSted should read this scholarly
treatise. Here are some of his
observations:
The plan Of the Constitution
Is happily adapted TO attain all
just objects i'm relation To for
eign negotiations. While il con-
ftdeS the power 10 the executive
department, II guards IL from
serious abuse by placing il
under the ultimate Superin-
tendence Of a select body Of
high character and high respon-
sibility -.
THE constitutional check OF
requiring two-thirdS Ia confirm
treaty il, of itself, a sufficient
guaranty against any wanton
sacrifice of private rights. or
any betrayal OF public privi-
leges -.
The members (of the Senate)
are slowly changed; so that the
body will at all times, from its
very organization comprehend
large majority of persons who
have been engaged for consid-
erable time in public duties and
foreign affairs
THE power TO make peace
can never be unsafe for the ma
tion i'm the hands of the Presi-
dent and twO-thirds of the Sem
ate. The power To prevent il
may not be without hazard in
the hands of the House OF Repre-
sentatives, who may be too
much under control Of popular
excitement or LEGISLATIVE
RIVALRY, TO act at all times
with the same degree Of impair
TALLY and caution ="
T1IE plan, as is well known. is
Il 10 amend the organic law in
the clause requiring the ratifi-
cation by the Senate of treaties
by a tWO-thirdS vote of "Sena-
tors present" by providing for
such ratification by mere ma
jorlty vote of the two houses
Of Congress.
Rep. Hatton Summers Of Texas.
chairman of the House judiciary
committee, recently dropped
INTO the hopper a resolution pro-
posing an amendment Of the
Constitution providing for the
overriding of a presidential
veto by a majority vote of the
two houses, instead Of the pres
ent two-thirdS requirement.
Mr.. Summers is a high consti-
tutional authority in the House.
a conservative man not given
lightly 10 monkcying with the
work of Washington. Hamilton.
Franklin and Madison.
Not having consulted him in
the matter. this writer arrives
Independently at the theory
that Mr.. Summers has merely
taken this means 10 pose a prob
lem TO those who would open
treaty-making TO a bare politi-
cal majority in Congress.
If both Of those propositions
should he pending before the
House al the Same time. IL
would be interesting to note the
reaction Of the trcaty-tinkcring
bloc 10 the proposition TO couple
with II a proposal TO weaken the
veto power of the President.
The Roosevelt administration,
which would like TO bypass the
Senate in making treaties and
agreements after the war-no
doubt would kick al any scheme
10 deprive the President of his
club over Congress