Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-01-12
THE SENATE,S POWER

never raised q protesting voice in
defense Of its treaty powers.
The treaty position Of the SEN
ate In the 0irard case went by de-
fault. But the very next day. the
Federal Court Of Appeals in a
two-to-one decision struck an
other and heavier blow at sena-
torial powers which. In fact, the
Senate had exercised. The court
ruled that Senate reservation TO
. 1850 treaty with Canada did not
deprive . Federal agency Of au-
thority to license the Niagara
Falls power project. The majority
Of the court ruled that the Senate
reservations were ian expression
OF the Senate's desires and not q
part Of the treaty"
As legal naturalization. in H. L.
Mencken's terms. this Is pure hog
wash. The treaty would not have
passed the Senate without the
reservation. As Jurisprudence. the
law above law. the courts decision
Is on o much firmer basis. The
decision recognizes the functional
necessity of the times. The Sen
ate has suffered a really severe
setback again.
The decision in effect holds that
any conditions the Senate may
make on ratification are separable
and not really part Of the treaty
itself. Notwithstanding the fact
that both Canada and the United
States ratified the treaty with the
senatorial conditions as part Of it,
As precedent this decision Is even
more damaging than the circum-
vention Of the Senate by executive
agreement.
This accommodating Of executive
power and momentum and the
corresponding decline Of the Sem
ate Is anything but q calculated
and sinister usurpation Of power.
On the contrary, II Is a compelled
assumption Of power necessary to
deal with the avalanche Of events.
Times Demond chonse
Perforee. the executive must live
in the world Of atomic energy,
telephones and jet transportation.
These are the problems with which
1t must deal. The Senate has
failed to accelerate with the times.
or worse still. has tried to arrest
the momentum Of the goth cen
fury 10 its own 18th century pace.
Thus. the Bricker resolution il
intrinsically unavoidable. II Is Inn
possible 70 resolve or TO restore a
split-second civilization TO oxcart
methodology. The problem Is not
to reduce the executive, but to
accelerate the Senate.
Numbers Of solutions occur:
That Cabinet posts should be oc-
cupied by Senate chairmen, vir-
tually the British system; or, more
In keeping with our own, that the
latent powers Of the Senate. rapid
ly atrophying, be brought UP to
date.
For example, an executive
agreement subcommittee Of the
Senate. entitled 70 full notice Of
the negotiations OF the Executive
Branch, would neither impair the
latter's mobility nor vitiate the
power OF the Senate. All that was
not prohibited the Executive
Branch would be, permitted, with
out vitiating the constitutional
right Of Congress 10 exercise Anal
control. This ultimate device
would obviate half Of the abrasion
resulting In measures such as the
Bricker amendment designed TO
assert the senate's power abso-
lutely.
Great industrial and great con-
stitutional changes have taken
place In the last 20 years, from
which the Senate IL not exempt.
Its power Is going fast. but its
dignity Ii not.
For q century and q half, II has
been accepted at It's own valuation
the most exclusive gentleman's
club In the world. Unfortunately,
II has rapidly acquired one de-
lightful. II Intellectual character
istic OF such venerable institutions
Ito sit 1t the window and watch
the world 90 by.