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In short, it was the opinion of both Committees that the Charter itself
and "the spirit of the United States Constitution under which the President
has well established powers and obligations to use our armed forces without
specific approval of Congress" precluded Congress from requiring specific
congressional approval for each use of our armed forces under the agreements
to be made under Article 43,0 and the authorization to the President to use
those forces without specific congressional approval, far from implying any
limitation on the President's power, was inserted in recognition of it, in
order, as the Committees said, to "contribute
to public understanding
within the United States" and to "serve notice upon the world that as a
nation we are prepared to carry out our obligations promptly and effectively"
(Senate Rept. p. 9, House Rept. p. 8).
The proviso at the end of section 6 is referred to in the Committee
reports in only a single sentence, which follows immediately after the
language last quoted and reads as follows (Senate Report p. 9, House Report
p. 8) :
"At the same time the committee felt it important [in the House
Report: "it was considered important"/ to make it clear that
nothing contained in the statute should be construed as an
authorization to the President by the Congress to make
available to the Security Council for such purpose, armed
forces in addition to such as may be provided for in the
military agreements."
This comment by the Committees, being nothing more than a statement that the
proviso is important, leads back to the proviso itself. It reads:
8
Senator Vandenberg expressed this view very forcibly during the
hearings on the Charter before the Senate Foreign Relations Committee.
Three years later, in 1948, in a debate on Palestine, he again used broad
terms in affirming the authority of the President as Commander in Chief
to send troops abroad without prior congressional approval. His state-
ments are set forth in Appendix G hereto.
- 23 -
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"ocrText": "In short, it was the opinion of both Committees that the Charter itself\nand \"the spirit of the United States Constitution under which the President\nhas well established powers and obligations to use our armed forces without\nspecific approval of Congress\" precluded Congress from requiring specific\ncongressional approval for each use of our armed forces under the agreements\nto be made under Article 43,0 and the authorization to the President to use\nthose forces without specific congressional approval, far from implying any\nlimitation on the President's power, was inserted in recognition of it, in\norder, as the Committees said, to \"contribute\nto public understanding\nwithin the United States\" and to \"serve notice upon the world that as a\nnation we are prepared to carry out our obligations promptly and effectively\"\n(Senate Rept. p. 9, House Rept. p. 8).\nThe proviso at the end of section 6 is referred to in the Committee\nreports in only a single sentence, which follows immediately after the\nlanguage last quoted and reads as follows (Senate Report p. 9, House Report\np. 8) :\n\"At the same time the committee felt it important [in the House\nReport: \"it was considered important\"/ to make it clear that\nnothing contained in the statute should be construed as an\nauthorization to the President by the Congress to make\navailable to the Security Council for such purpose, armed\nforces in addition to such as may be provided for in the\nmilitary agreements.\"\nThis comment by the Committees, being nothing more than a statement that the\nproviso is important, leads back to the proviso itself. It reads:\n8\nSenator Vandenberg expressed this view very forcibly during the\nhearings on the Charter before the Senate Foreign Relations Committee.\nThree years later, in 1948, in a debate on Palestine, he again used broad\nterms in affirming the authority of the President as Commander in Chief\nto send troops abroad without prior congressional approval. His state-\nments are set forth in Appendix G hereto.\n- 23 -"
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