Evening star., 1945-07-30
Charter Vote Called
Result of Strategy
Writer Compares Senate Actioa
With League Defeat in 1919

Writer Compares Senate Actiof
With League Defeat in 1919
BY David Laurence
Why was the United Nations Chartei
passed by the Senate with such an
overwhelming vote and yet the Leagut
Of Nations Covenant was defeated by
seven votes short Of the necessary two.
thirds vote In 1919?
The offhand answer usually Is that
public sentiment has changed In quar-
ter Of century but this Is not entirely
the reason. The fact is that getting
the Charter through the Senate by a
vote Of 80 to was primarily due to
the wisdom Of the administrations
strategy initiated by the late President
Roosevelt and consummated by Presi-
dent Truman.
The essence of that strategy was to
separate the question of how American
forces were to be authorized for use in
an international Organizations step
to be taken soon by an act of Congress
from inclusion in treaty which re-
quires two-thirds vote.
The whole League of Nations fight
centered on reservation to Article 10
which would have written into the
treaty statement that no force could
be used without the consent of Con-
gress. The late President Wilson was
not able to meet that issue by contend
ing that the reservation was written in
a manner that seemed to nullify the
obligations we were assuming and that
Congress alone could declare war or
authorize armed forces any how. The
partisan bitterness and distrust of Mr..
Wilson was so strong, due TO his domes-
tic reforms of progressive nature,
that the Republicans had about as little
faith in Mr.. Wilson'S policies as they
recently exhibited in Mr.. Roosevelts.
But this time the administration from
the outset announced that whatever
the United States was to do about using
armed forces must not be submitted to
other nations in treaty but must re-
main a matter for both houses of Con-
gress to settle on domestic basis.
Last week some lukewarm proponents
of the Charter injected into the debate
the very same issue that arose Is years
ago and for time it looked as if the
whole fight would be revived.
There were those in the Senate last
week who said again, as their prede-
cessors did Is years ago, that only by
a treaty could the constitutional power
nf ka 81
the President for use in carrying out
the commitments of the treaty to pre-
serve peace. There were those who
promptly rose up to say that whatever
authorization shall be given must come
from both houses of Congress in
manner analogous to a declaration OF
war.
President Truman himself sensed the
danger in the issue-or at least was
promptly advised of the perilous waters
into which the Senate bad ventured in
the last days of the debate-so he wisely
sent message at once from Potsdam
declaring that any measures to imple-
ment the United Nations Charter in
volving the use of force would be SUBJ
mitted to both houses so that Congress
could pass appropriate legislation"
The friends of the Charter are in
part responsible for the twilight zone
which befogs this whole subject. Dur
ing the last presidential campaign they
insisted that every candidate for Con-
gress pledge himself to support set-up
whereby no further action by Congress
would be needed to enforce the DEGREES
OF the United Nations Charter and
there was some irresponsible talk about
preventing Congress from exercising it's
judgment once the United Nations
Charter was adopted.
There is no way, of course, to keep
Congress from getting into the picture
every time contingency arises involv-
ing the use of armed forces-no way
except by constitutional amendment
delegating absolutely to the President
the sole right to order the use of our
armed forces in any situation arising
out Of the new International organiza-
tlons processes of enforcement.
But since the present Constitution has
not been amended, Congress can by
concurrent resolution delegate to the
President the power to use armed forces
for an indefinite period to carry out the
provisions of the United Nations treaty
and Congress likewise can at any time
repeal that authority or it can allow
it to run only until such time as
majority OF Congress shall vote to ter
inmate or modify that authority.
Moreover, the Constitution does not
permit any appropriations of money
for longer than two years, so authoriz-
alton to use the Army and Navy and
provide funds for specific objectives Is
subject to congressional review at any
time. Since the delegation of power to
the President, therefore, can at any
time be repealed or modified the
chances are the American delegates
vote will never be cast except in line
with the sentiment of a congressional
majority.
Hence there is every reason why the
enabling legislation to carry out the
United Nations treaty should 90
through Congress now by overwhelm.
ing vote for the sovereign rights of the
American people are amply protected.
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