Evening star., 1951-11-18
A Foreign Policy for Americans
Trumon Accused Of Going Beyond His Power
in inCommittng U. S. Troops to Korean War
By Senator Robert A. Toft


however. goes further than merely
sending troops to implement the
Atlantic pact. 1t involves the
sending of troops to an interna-
tional army similar to that which
was contemplated under the
United Nations Charter. 1t is an
international army, apparently
established by II nations. with a
commander who is appointed by
the II nations.
1t seems to me perfectly clear
that the Presidents power as
Commander in Chief does not ex-
tend to the delegation of that
power to a commander who is
chosen by any other nation or
any other group of nations. I
think it is perfectly clear that he
cannot enter into an agreement
of that kind to set up an interna-
tional army without submitting
the agreement to Congress.
Throughout the 1851 debate the
administration tried to avoid this
question of setting up an inter-
national army. but there can be
no doubt that that was in fact
the project.
Eisenhower Appointed.
Under that project the Presi-
dent actually appointed Gen. Els
enhower, in a letter in which he
Stated:
THE North Atlantic treaty ma
tions have agreed on the defense
Organization for Europe and at
their request l have designated
you as supreme Allied command
|er, Europe. 1 view their request
as a pledge that their support of
your efforts will be complete and
unequivocal.
When the President of the
United States went that far he
exceeded his authority.
Apparently the administration is
afraid that there was such an ex-
ceeding of authority, for it has
represented the whole project now
Ias merely the sending to Europe
of a few divisions, which We can
withdraw at any moment, but
only to cooperate with the other
nations in case war comes in a
general defense under the terms
'of the Atlantic pact.
But whether there is to be an
American Army or an interna-
tional army. I do not believe the
President has the power without
congressional approval to send
troops to one country to defend
lit against a possible or probable
ATTACK by another country.
Such action may perhaps be
authorized by treaty, but it has
not been authorized either by the
United Nations Charter or by the
Atlantic pact,
Senate Takes a Stand.
In my opinion, the Senate reso-
luton and the concurrent resolu-
ton adopted by the Senate on
April 4. 1851. was a clear state
ment by the Senate that 1t has
the right to pass on any question
of sending troops to Europe to
implement the Atlantic pact, that
it is unconstitutional for the Presi-
dent to send any troops abroad to
implement that pact without
congressional approval, at least
until war comes and article S
takes effect. It has been said
that this resolution is not a law,
and, of course, that is true, but
the declaration can be imple-
mented by the Appropriations
Committee and by other legisla-
tion when legislation becomes ap-
propriate. There can be no doubt
that it is legislative act and that
it clearly asserts the power of
Congress and the Senate.
No one can prevent the Presi-
dent continuing to assert his
power as President, and it may
be that he does have the ability toI
involve the United States in war ;,
even when he has no right to do
so: but I think a great forward
step in defense of constitutional
law has been taken by the definite
position now asserted by the Sen
ate.
The President acts at his own
peril. if he chooses to usurp au-
thority which the representatives
of the people have asserted that
he does not possess.
From "A Foreign Policy for .Ameri-
cans" Copyright, 1851, by Robert A.
Taft. Published by Doubleday d Co, Inc
distributed by the Register and
Tribune SyndicateD