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The Prime Minister of Iceland, speak-
ing for his country as an "absolutely free and sovereign
state," "entrusted" the protection of Iceland to the
United States on certain conditions. President Roosevelt
in his message to the Congress justified his action on
the ground that this country could not permit Germany to
occupy strategic outposts in the Atlantic as bases for
eventual attack against the Western nemi sphere or against
the steady flow of munitions to Britain, which, he said,
was a matter of national policy clearly approved by the
Congress in the Lend-Lease Act.
Senator Taft objected, but most
of the isolationists gave their approval by silence,
Jnob
and his protest was ineffectual. (See below pp. 28, 29, 30.)
6. Execution of a Treaty
a.
The Doctrine
The President's authority as
Commander-in-Chief to send troops abroad may also be
exercised in order to execute a treaty. This ground
of action is particularly important in the present
situation because the sending of troops to Korea and
to Europe is appropriate to the carrying out of the
purposes of two great treaties duly ratified by the
Senate, namely the Charter of the United Nations and
the North Atlantic Treaty.
of
It has been established from the
beginning that the President must carry out a treaty
as the law of the land. John Marshall in his famous
speech in the House of Representatives in 1800 laid
the doctrine down very clearly. He said:
"He the President/ is charged to
execute the laws. A treaty is declared to be a law.
He must then execute a treaty, where he, and he alone,
possesses the means of executing it." (5 Wheaton,
Appendix, note I, 26.)
This doctrine received judicial
confirmation in Ware V Hylton, 3 Dall 199 (1796). This
case stands for the proposition that a duly ratified
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"ocrText": "- 19 -\nThe Prime Minister of Iceland, speak-\ning for his country as an \"absolutely free and sovereign\nstate,\" \"entrusted\" the protection of Iceland to the\nUnited States on certain conditions. President Roosevelt\nin his message to the Congress justified his action on\nthe ground that this country could not permit Germany to\noccupy strategic outposts in the Atlantic as bases for\neventual attack against the Western nemi sphere or against\nthe steady flow of munitions to Britain, which, he said,\nwas a matter of national policy clearly approved by the\nCongress in the Lend-Lease Act.\nSenator Taft objected, but most\nof the isolationists gave their approval by silence,\nJnob\nand his protest was ineffectual. (See below pp. 28, 29, 30.)\n6. Execution of a Treaty\na.\nThe Doctrine\nThe President's authority as\nCommander-in-Chief to send troops abroad may also be\nexercised in order to execute a treaty. This ground\nof action is particularly important in the present\nsituation because the sending of troops to Korea and\nto Europe is appropriate to the carrying out of the\npurposes of two great treaties duly ratified by the\nSenate, namely the Charter of the United Nations and\nthe North Atlantic Treaty.\nof\nIt has been established from the\nbeginning that the President must carry out a treaty\nas the law of the land. John Marshall in his famous\nspeech in the House of Representatives in 1800 laid\nthe doctrine down very clearly. He said:\n\"He the President/ is charged to\nexecute the laws. A treaty is declared to be a law.\nHe must then execute a treaty, where he, and he alone,\npossesses the means of executing it.\" (5 Wheaton,\nAppendix, note I, 26.)\nThis doctrine received judicial\nconfirmation in Ware V Hylton, 3 Dall 199 (1796). This\ncase stands for the proposition that a duly ratified"
}