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Updated: May 8, 2025
He probed, with keen and searching precision, the Jesuitical position assumed by the house, in disclaiming any participation in the treaty-making power, and yet claiming the right to decide upon the merits of a treaty, and to defeat its execution.
We declare, that the treaty-making power is exclusively vested in the president and senate, and not in the house. Need I say that we fly in the face of that resolution, when we pretend that the acts of that power are not valid until we have concurred in them.
Diplomatic relations, questions of peace and war, the treaty-making power, were not entrusted to the Council, without the knowledge and consent of the States General, which body was to be convoked twice a year by the State Council.
The statement contained in the Constitution that all legislative authority is vested in Congress is far from accurate, not only for the reason above indicated that a portion of it under the guise of treaty-making power is conferred on the President and Senate, and the further reason that the Supreme Court exercises legislative authority of great importance, but for the additional reason that the President, aside from his control over treaties, possesses legislative power co-extensive and co-equal with that of either house.
The Senate of the United States has confirmed nearly four hundred treaties, negotiated by the executive, under the general treaty-making powers conferred by the Constitution, with tribes which embrace about three-fifths of the present Indian population of the United States.
It would also appear to be a simple matter to provide against any misunderstanding in the future and at the same time to meet the objections of those who believe that we might be inviting a controversy over our constitutional rights, by making a senatorial addition on words something like these: "'It will of course be understood that in carrying out the purpose of the League, the government of the United States must at all times act in strict harmony with the terms and intent of the United States Constitution, which cannot in any way be altered by the treaty-making power.
This activity in treaty-making was occasioned by the acquisition of California and the rush to the gold fields by way of the isthmus. During the period that elapsed between Mr. Bancroft's withdrawal from London and Mr. Lawrence's arrival as the representative of the United States, Mr. Clayton instructed Mr.
That body, however, exceedingly jealous of the share in the treaty-making power given it by the Constitution, disliked the treaties, because it feared that under such general agreements cases would be submitted to The Hague Court without its special approval. * Yet, as popular sentiment was strongly behind the movement, the Senate ventured only to amend the procedure in such a way as to make every "agreement" a treaty which would require its concurrence.
The whole question has been discussed in the House, practically every time an appropriation has been called for to carry out a treaty; but the House, while always contending that it had a voice in the treaty-making power, never declined to make the appropriation, and only on one occasion do I now recall that the House declined to enact legislation to carry out a treaty where the treaty specifically itself provided for such legislation.
At length the treaty with Germany was completed, President Wilson returned to America, and on July 10, 1919, he appeared before the Senate to outline the purposes and contents of the agreement and to offer his services to that body and to its Committee on Foreign Relations in order to enable them intelligently to exercise their advisory function as part of the treaty-making power.
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