TH

APRIL, 1922

The Senate and The Treaties

HE late Viscount Bryce in his study of the American Constitution, made the following criticism relating to the conduct of foreign affairs in the United States: 1

"The provision made for the conduct of foreign affairs has been charged with inefficiency because, while the function of negotiating with foreign countries is left to the Executive, the confirmation of executive action and the approval of treaties rest with one branch of the legislature, the Federal Senate. The result of this division of powers is, that, though the President can in practice so handle foreign relations as to manoeuvre or precipitate the nation into hostilities, he can not conclude a binding agreement with any other country. He can bring about war, but he can not make

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peace. The benefits of a well-conducted negotiation may be lost because the Senate may refuse to approve, and a deadlock may result, involving the loss of a treaty on which infinite pains have been spent. Foreign nations find this situation embarrassing. They may bargain and compromise, and make one concession after another, and yet discover at last that all their efforts have been wasted."

It is amusing to recall that when President Wilson led the United States to side with the Allies in their war against Germany, he seemed to be omnipotent, but when he attempted to sign the Treaty of Peace with the Allies he appeared absolutely powerless. And now it seems as if the labours of the Washington Conference were in immi

1 James Bryce: "The Study of American History," pp. 60-61.