Milford chronicle., 1952-03-14


volved in a war.
But it seems clear 10 me that
the sending Of troops without au-
thorization BY Congress to a coun-
try under attack. as was done IN
Korea. is clearly prohibited.
The Eufopeun Army
The sending Of troops under the
Atlantic Pact as a part Of a de-
fensive operation against Russia
without previous authority from
Congress appears to me to be also
prohibited, because the fact that
these countries are threatened by
an actual attack is the very justi-
fieation and reason for sending the
troops. The only reason for send
ing troops is to defend a country
against threatened military at
tack which would necessarily in
volve the United States in war.
The European Army Project.
however. goes further than merely
sending troops TO implement the
Atlantic Pact. II involves the send
ing Of troops to an international
army similar to that which was
contemplated under the United Ma
tons Charter. It is an international
army, apparently established by i2
nations, with a commander who is
appointed by the IL nations.
1t seems to me perfectly clear
that the Presidents power as Com
mander in Chief does not extend
to the delegation Of that power 10
a commander who is chosen by any
other nation or any other group Of
nations. think it is perfectly clear
that he cannot enter into an agree
ment Of that kind to set UP an IN
ternational army without submit
ting the agreement to Congress.
Throughout the 1851 debate the
Administration tried to avoid this
question Of setting up an interna-
tional army, but there can Be no
doubt that that was in fact the
project.
Under that project the President
actually appointed General Eisen.
hover. in a letter in which he
stated:
''The North Atlantic Treaty na-
tons have agreed on the defense or
ganization for Europe and at their
request ! have designated you as
supreme allied commander. Europe.
view their request as a pledge that
their support Of your efforts win
be complete and unequivocal." \
Exceeded His Authority
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 rep
resented the whole project now as
merely the sending to ENfope Of 4
few divisions, which we can with.
draw at any moment. but only to
cooperate with the other nations IN
case war comes in a general de-
tense under the terms Of the Atlantic
Pact.
But whether there Is to be an
American army or an international
army, do not believe the Presi-
dent has the power without con-
gressional approval to send troops
to one country to defend It against
a possible or probable attack by an
other country.
Such action may perhaps be au-
thorized by treaty, but It has not
been authorized either by the United
Nations Charter or by the Atlantic
Pact.
Senate Tukes O Stund q
In my opinion, the Senate reso-
luton and the concurrent resolu-
ton adopted by the Senate on April
4, 1881, was a clear statement by the
Senate that it has the right to pass
on any question Of sending troops 70
Europe to implement the Atlantic
Pact, that it is uncopstitutionaI for
the President TO send any troops
abroad to implement that pact with
out congressional approval, at least
until war comes and Article 5 takes
effect. It has been said that this
resolution is not a law. and. Of
course. that is true, but the declara-
ton can be implemented BY the
| Appropriations Committee and by
other legislation when legislation be-
comes appropriate. There can be
no doubt that it is a Legislative act
and that it clearly asserts the pow
er Of Congress and the Senate.
No one can prevent the President
continuing to assert his power as
President. and il may be that he
does have the ability to involve the
United States il war, even when
he has no right 70 do so; but think
a great forward step In defense Of
constitutional law has been taken
by the definite position now asserted
/ by the Senate.
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.
NEXT WEEK; The necessary
Il
basis for successful interna-
tiOnal organization.
(From "a Foreign Policy for AmeEi.
cans. Copyright 1881 By Robert A. Taft
Published BY Doubleday and Company
Inc. Released by The Register and TEihs
une Syndicate and WNU.1