FAILURE OF THE "ENABLING ACT" 

 FOR THE BIRD TREATY. 



EVERY international treaty requires the passage by Con- 

 gress of an act empowering the executive branch of the 

 government to carry out in detail the terms and provisions 

 of that treaty. As a constitutional instrument a treaty is 

 unassailable by the courts; for by virtue of international 

 law, and the terms of ratification, a treaty becomes the su- 

 preme law of the land. Congress never negotiates a treaty 

 which is in conflict with the Constitution of the United 

 States, or even open to a charge of being so. Whenever in- 

 ternational treaties become subject to review by the courts 

 of either contracting power, then the time-honored business 

 of treaty-making will come to an end. 



It is quite to be expected that a few irreconcilable hostiles, 

 both in and out of Congress, will proceed to attack any and 

 every bill that may be introduced to provide an enabling 

 act for our bird treaty. Whatever is proposed will be fought 

 by some one; but that prospect will, we fully believe, be 

 accepted by the true friends of the birds in both houses of 

 Congress as "all in the day's work." 



It is perfectly certain that Senator James A. Reed in the 

 Senate, and Representative F. W. Mondell in the House, will 

 fight any and every enabling act, as interfering with what 

 they regard as "State Rights." 



There are three things regarding the protection of our 

 migratory birds of which the American people as a whole 

 are now very sure, as follows : 



1. They are sure that they desire the adequate and ample 

 protection of all our 1,022 species of migratory birds. 



2. They know that the new treaty can be made to yield 

 that protection. 



3. They are sure that Congress fully INTENDS to make 

 that treaty thoroughly effective, forthwith. 



