Evening star., 1951-11-16
Taft
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President in the Korean wal
without even telling Congress
what he was doing for several
weeks. And it was brought still
further to the fore by the proposal
that we commit troops to an in
ternational army under the con-
troll of a council of II nations.
do not think that the American
people have ever faced a more Sc
rious constitutional issue or one
which in the end may present a
greater threat to their freedom.
If the President has unlimited
power to involve us in war, then
believe that the consensus of opin-
ion is that war is more likely
History shows that when the peo-
Iple have the opportunity to speak
they as a rule decide for peace il
possible. 1t shows that arbitrary
rulers are more inclined to favor
war than are the people at any
time.
On January 4. 1851, President
Truman. commenting on the Cou-
dert resolution to bar him from
sending more troops to Europe
without the consent of Congress
said emphatically that he did not
need the permission of Congress
to take such action.
On January II, at a press inter-
view, according to the Washing
ton Post:
Mr.. Truman, whose right tc
send troops to Europe recently
was challenged by Senator Taft
said he had the power to seno
them any place in the world. This
he said. has been repeatedly rec
ognized by Congress and the Su.
preme Court.
"A reporter asked Mr.. Truman
in effect what would happen il
Congress tried to tie his hands by
putting restrictions in the appro-
priation bills for the forces to be
sent to Europe.
THAT, said the President, was
up to Congress. If they wanted
to go to the country about it, he
said. he would go with them-and
he recalled that he licked them
once"
Troop Statement Repeated.
At the Presidents conference q
week later. on January 18, accord
ing to the press:
He repeated that his constitu-
itional authority to send American
forces to Europe to take up their
positions in an integrated Euro
.pean army was clear and did not
depend upon the consent of Con-
gress. What he would be glad to
have, he said in substance, was a
Senate expression that affirmed
his constitutional authority"
Furthermore, a document was
submitted to Congress. entitled
Powers Of the President to Send
the Armed Forces Outside the
United States" dated February
I28, 1851. which was printed
though not indorsed, by the joint
Committees on Foreign Relations
and Armed Services of the SEN
ate. This document contains the
most unbridled claims for the au-
thority of the President tnat ]
have ever seen written in cold
print.
In effect, the document asserts
that whenever in his opinion
American foreign policy requires
he may send troops to any point
whatsoever in the world, no mat
ter what the war in which the
action may involve us. The docu-
ment also claims that in sending
armed forces to carry out a treaty
the President does not require any
statutory authority whatever, and
lit does not recognize the differ
ence between self-executing
treaty and one which requires
even by its own terms, congress
sional authority.
"Sweeping Claims" for Power.
1t ends with the most sweeping
claims for power:
"As this discussion of the re-
spective powers of the President
and the Congress in this field has
made clear. constitutional doc
trine has been largely nodded by
practical necessities. Use of the
congressional power to declare
war, for example. has fallen into
allegiance because wars are no
longer declared in advance. The
constitutional power of the Com
mander in Chief has been exer-
cised more often. because the need
for armed internationa action
has grown more acute. The long
delays occasioned by the slowness
of communications in the 18th
century have given place to
breath-taking rapidity in the
tempo of history. Repelling ag-
greSsion in Korea or Europe can
not wait upon congressional de-
bate. However, while the need
for speed and the growth in the
size and complexity of the armed
forces have enlarged the area in
which the powers of the Com
mander in Chief are to be welded,
the magnitude of present-day mil
Iitary operations and international
policies requires a degree of con-
gressional support that was un-
necessary in the days Of the 10th
century"
That seems a very gracious
concession to Congress. Congress
no longer has any power to act.
1t is simply given the right to
support the President after the
President has acted.
OF course, the President has