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4.
Effect of Failure of Article 43
on the President's Powers
It is being argued, however, that the debate in
the Senate in December 1945 was based on the assumption that the con-
summat ion of agreements under Article 43 is a condition precedent to
any action by the President in sending any troops whatever.
The flaw in this argument, however, is that the President
has authority to use the troops irrespective of the Charter. This
authority arfising from the Constitution, and may be exercised
by the President to carry out the foreign policy of the United
States, of which the Charter is a principal element.
The U. N. Participation Act does not purport to limit or
this general authority. It merely provides that the Act is not
be construed to authorize the President to send more troops under
Article 42 than are provided for in the agreement under Article 43.
Article 43 has never been put into effect, because of Russian
opposition, so the Act refers to a situation which does not exist.
Even if the Act were construed as a limitation in the narrow
circumstances envisaged under Articles 42 and 43 it might well prove
to be ineffective. The fate of similarly worded provisions in the
Selective Service Act of 19L0 and the Lend Lease Act (See supra)
is illustrative.
But the main point is that Articles 42 and 43 are not the
ard whole of the Charter; that the President can act under Article 39,
and that he is under a duty as Chief Executive to see that the great
bemis
objectives of the Charter are carried on so far as it lie swithin his
power to do so. All that has been said above concerning the power
of the President to interpret a treaty, and to execute a treaty when
to
the means of action lie in his jurisdiction, confirms such a conclu-
sion.
badalidades
The Charter of the United Nations, implemented by the United
Nations Participation Act, is great international commitment. It is
not to be construed like a corporation mortgage.
and bateolbni DO
and vd argewog BGW
an
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"ocrText": "4.\nEffect of Failure of Article 43\non the President's Powers\nIt is being argued, however, that the debate in\nthe Senate in December 1945 was based on the assumption that the con-\nsummat ion of agreements under Article 43 is a condition precedent to\nany action by the President in sending any troops whatever.\nThe flaw in this argument, however, is that the President\nhas authority to use the troops irrespective of the Charter. This\nauthority arfising from the Constitution, and may be exercised\nby the President to carry out the foreign policy of the United\nStates, of which the Charter is a principal element.\nThe U. N. Participation Act does not purport to limit or\nthis general authority. It merely provides that the Act is not\nbe construed to authorize the President to send more troops under\nArticle 42 than are provided for in the agreement under Article 43.\nArticle 43 has never been put into effect, because of Russian\nopposition, so the Act refers to a situation which does not exist.\nEven if the Act were construed as a limitation in the narrow\ncircumstances envisaged under Articles 42 and 43 it might well prove\nto be ineffective. The fate of similarly worded provisions in the\nSelective Service Act of 19L0 and the Lend Lease Act (See supra)\nis illustrative.\nBut the main point is that Articles 42 and 43 are not the\nard whole of the Charter; that the President can act under Article 39,\nand that he is under a duty as Chief Executive to see that the great\nbemis\nobjectives of the Charter are carried on so far as it lie swithin his\npower to do so. All that has been said above concerning the power\nof the President to interpret a treaty, and to execute a treaty when\nto\nthe means of action lie in his jurisdiction, confirms such a conclu-\nsion.\nbadalidades\nThe Charter of the United Nations, implemented by the United\nNations Participation Act, is great international commitment. It is\nnot to be construed like a corporation mortgage.\nand bateolbni DO\nand vd argewog BGW\nan"
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