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8.
- 35 -
AND
un
SERVICE
Congressional control with rospect to the use of the armed
forces, but withholding Congressional nuthorization from the
commitment of troops or forces boyond those specified in the
agroements. This language io embodied in Section 6 of the Act:
"The President is authorized to negotiate a specinl
agreement or agreements with the Security Council which shall
be subject to the approval of the Congress by appropriate Act
or joint resolution, providing for the numbers and types of
armed forces, thoir degree of roadiness and general location,
and the nature of facilities and assistance, including rights
of passoge, to bc made availoblo to the Security Council on
its call for the purposo of maintaining intornational poace
and security in accordance with Article 43 of soid Chartor.
The Prosident shall not be deemod to require the authorization
of the Congross to make available to the Security Council on
its call in order to tako action under article 42 of said
Chartor and pursuant to such special agreement or agreements
the armod forces, facilities, or assistance provided for
therein: Provided; That nothing heroin contained shall be
construed as en authorization to the President by the Congress
to make available to the Socurity Council for such purpose
armed forcos, facilities, or assistance in addition to tho
forces, facilities, and assistance provided for in such
special agreement or agreements." (P.L. 264, 79th Cong. lst
sess. 59 Stat. 619, 22 U.S.C. 287, Sec. 6: later amonded by
P.L. 341 8lst Cong. lst sess. Act of Oct. 10, 1949, 63 Stat.
734, in aspects not relovant to this discussion.)
The reasons bohind this position were stated in
both House and Senate Cormittee reports in the same languago:
it
the committee is convinced that any reservation
to the Charter, or any subsequent congressional limitation
designed to provide, for example, that omployment of the armed
forces of the Unitod States to be mado available to the Socurity
Council under special agreements referred to in article 43 could
be authorized only after the Congress had passed on each
individual case would clearly violate the spirit of one of tho
most important provisions of the Charter. Ono of the fundamental
purposes of the Chartor is to provido forces which will be
immodictoly available to the Security Council to take action
to prevent a broach of the peaco. Moroover, if a reservation
to this effect were to bo adopted by the Senate, the very nature
of the Charter itself would bo changed, and further nogotictions
with tho other signatories of the Charter would unquostionably
be necessary.
"Preventive or enforcenent action by those forces
upon the order of the Security Council would not be an act
of war but would be international action for the preservation
of the peace and for the purpose of proventing war. Consequontly,
the provisions of the Charter do not affect the exclusive power
of Congress to declare war.
'The Committee feels that a reservation or other
congressional action such as that referred to abovo would
also violate the spirit of the Unitod States Constitution
under which the Prosident has well established powers and
obligations to use our armed forces without specific approval
of Congress." (Son. Report. 717, pp. 6-8)
3. Attempts to Curb Presidentinl Powors
-
The Wheeler Anondment and the Taft
Amendment
On the Senate floor the attack was led by Senator
Wheeler. He introduced an amendment rending as follows:
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"ocrText": "8.\n- 35 -\nAND\nun\nSERVICE\nCongressional control with rospect to the use of the armed\nforces, but withholding Congressional nuthorization from the\ncommitment of troops or forces boyond those specified in the\nagroements. This language io embodied in Section 6 of the Act:\n\"The President is authorized to negotiate a specinl\nagreement or agreements with the Security Council which shall\nbe subject to the approval of the Congress by appropriate Act\nor joint resolution, providing for the numbers and types of\narmed forces, thoir degree of roadiness and general location,\nand the nature of facilities and assistance, including rights\nof passoge, to bc made availoblo to the Security Council on\nits call for the purposo of maintaining intornational poace\nand security in accordance with Article 43 of soid Chartor.\nThe Prosident shall not be deemod to require the authorization\nof the Congross to make available to the Security Council on\nits call in order to tako action under article 42 of said\nChartor and pursuant to such special agreement or agreements\nthe armod forces, facilities, or assistance provided for\ntherein: Provided; That nothing heroin contained shall be\nconstrued as en authorization to the President by the Congress\nto make available to the Socurity Council for such purpose\narmed forcos, facilities, or assistance in addition to tho\nforces, facilities, and assistance provided for in such\nspecial agreement or agreements.\" (P.L. 264, 79th Cong. lst\nsess. 59 Stat. 619, 22 U.S.C. 287, Sec. 6: later amonded by\nP.L. 341 8lst Cong. lst sess. Act of Oct. 10, 1949, 63 Stat.\n734, in aspects not relovant to this discussion.)\nThe reasons bohind this position were stated in\nboth House and Senate Cormittee reports in the same languago:\nit\nthe committee is convinced that any reservation\nto the Charter, or any subsequent congressional limitation\ndesigned to provide, for example, that omployment of the armed\nforces of the Unitod States to be mado available to the Socurity\nCouncil under special agreements referred to in article 43 could\nbe authorized only after the Congress had passed on each\nindividual case would clearly violate the spirit of one of tho\nmost important provisions of the Charter. Ono of the fundamental\npurposes of the Chartor is to provido forces which will be\nimmodictoly available to the Security Council to take action\nto prevent a broach of the peaco. Moroover, if a reservation\nto this effect were to bo adopted by the Senate, the very nature\nof the Charter itself would bo changed, and further nogotictions\nwith tho other signatories of the Charter would unquostionably\nbe necessary.\n\"Preventive or enforcenent action by those forces\nupon the order of the Security Council would not be an act\nof war but would be international action for the preservation\nof the peace and for the purpose of proventing war. Consequontly,\nthe provisions of the Charter do not affect the exclusive power\nof Congress to declare war.\n'The Committee feels that a reservation or other\ncongressional action such as that referred to abovo would\nalso violate the spirit of the Unitod States Constitution\nunder which the Prosident has well established powers and\nobligations to use our armed forces without specific approval\nof Congress.\" (Son. Report. 717, pp. 6-8)\n3. Attempts to Curb Presidentinl Powors\n-\nThe Wheeler Anondment and the Taft\nAmendment\nOn the Senate floor the attack was led by Senator\nWheeler. He introduced an amendment rending as follows:"
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