-8-
 
 
Both by the resolutions of Congress and by the Constitution the President is to be the judge as to
how best to prosecute the war.  Its successful termination may depend upon the ability of the
President to make certain that Great Britain, Soviet Russia, and China shall continue in the
struggle until the enemies are defeated. The best way to be sure that this situation shall obtain is
through a pledge by them not to cease fighting except by common agreement of all four Powers.
The President could not obtain such a pledge from the other Powers without making one himself.
He is justified in doing so by reason of his responsibility as Commander in Chief and his broad
powers in the conduct of foreign relations.  As stated by the Supreme Court regarding this latter
prerogative:
 
               "In this vast external realm, with its important,
               complicated, and delicate and manifest problems,
               the President alone has the power to speak or listen
               as a representative of the nation.  Into the field of
               negotiation the Senate cannot intrude; and Congress
               itself is powerless to invade it." (United States v. Curtiss-Wright
               Export Corp. et al., 299 U.S. 304,' 319 (1936).
 
 
 
 
 
                                                  
 
 
 
 
 
 
 
                                                  H. Hackworth
 
 
 
 
Le GHH: AD