202 WRIGHT— LIMITATIONS UPON NATIONAL POWERS. 



62. Treaty Delegations of Power to National Organs. 



Treaties have on occasion delegated power to both national and 

 international organs. These provisions have often been attacked 

 on the ground that " legislative power " has been unconstitutionally 

 delegated. The Cuban treaty of 1903, Article VII, authorized the 

 President to acquire naval bases in Cuba and in accord therewith 

 President Roosevelt acquired Guantanamo by executive agreement.^^ 

 Here the President was clearly carrying out the policy laid down by 

 the treaty and the case was clearly within the precedents of con- 

 gressional delegation of power to make international agreements. 



One of the proposed Senate reservations to the treaty of Ver- 

 sailles provided for denunciation of the League of Nations Covenant 

 on two years, notice by " concurrent resolution " of Congress. ^^ 

 The only constitutional authorities for terminating treaties are 

 Congress by an act signed by the President or passed over his 

 veto, the treaty-making power and possibly the President alone.^* 

 Clearly the termination of a law, such as a treaty, is an exercise 

 of legislative power and cannot be delegated to any authority 

 other than those specified for that purpose by the Constitution.^" 



57 The provision of the treaty was also contained in an act of Congress 

 of March 2, 1901 (the Piatt Amendment), and in the Cuban Constitution. An 

 agreement' to make the lease was signed February 16, 1903, and the lease 

 itself was signed July 2, 1903, while the treaty, although signed May 22, 

 1903, was not proclaimed until July 2, 1904. Thus the lease was in reality 

 authorized by the act of Congress rather than by the treaty. See Malloy, 

 Treaties, pp. 358-363. For other examples see Crandall, op. cit., p. 117. 



58 Lodge Reservation No. i, in form voted on by Senate, Nov. 19, 1919, 

 and March 19, 1920. For text of Lodge Reservations see Cong. Rec, Nov. 

 19, 1919, 58: 9289; March 19, 1919, 59: 4915; The League of Nations, World 

 Peace Foundation, Boston, III, No. 4, pp. 166, 182, and note. Col. Lazv 

 Rev., 20: 156. 



5» Jefferson, Manual, sec. 52, Senate Rules, 1913, p. 150; House Rules, 

 1914, sec. 592; Hinds, Precedents, 5: 6270; President Hayes, Message, March, 

 1879, Richardson, Messages, 7: 519; Sen. Rept., No. 97, 34th Cong., ist Sess. ; 

 Taft, Our Chief Magistrate, p. 117; Willoughby, o/>. cit., p. 518; Crandall, 

 op. cit., pp. 401-462; Wright, Col. Lazv Rev., 20: 129. See also infra, sees. 

 181-187. 



60 The Constitution provides that " Every Order, Resolution, or Vote 

 to which the Concurrence of the Senate and House of Representatives may 

 be necessary (except on a question of Adjournment) shall be presented to 

 the President of the United States ; and before the same shall take Effect, 

 shall be approved by him, or being disapproved by him, shall be repassed 



