tion to the
power of Congress, it must depend for its execution, as to such
stipulations, on a law or laws to be passed by Congress. And it is the
Constitutional right and duty of the House of Representatives, in all
such cases, to deliberate on the expediency or inexpediency of carrying
such Treaty into effect, and to determine and act thereon, as, in their
judgment, may be most conducive to the public good."[169] The upshot of
the matter was that the House adopted Madison's resolutions, while at
the same time voting the required funds.[170]

THE TREATY-MAKING POWER AND REVENUE LAWS

On the whole, Madison's position has prospered. Discussion whether there
are other treaty provisions than those calling for an expenditure of
money which require legislation to render them legally operative has
centered chiefly on the question whether the treaty-making power can of
itself alone modify the revenue laws. From an early date spokesmen for
the House have urged that a treaty does not, and cannot, _ex proprio
vigore_, become supreme law of the land on this subject; and while the
Senate has never conceded this claim formally, yet in a number of
instances, "the treaty-making power has inserted in treaties negotiated
by it and affecting the revenue laws of the United States, a proviso
that they should not be deemed effective until the necessary laws to
carry them into operation should be enacted by Congress, and the House
has claimed that the insertion of such requirements has been, in
substance, a recognition of its claim in the premises,"[171] although
there are judicial dicta which inferentially support the Senate's
position. Latterly the question has become largely academic. Commercial
agreements nowadays are usually executive agreements contracted by
authorization of Congress itself. Today the vital issue in this area of
Constitutional Law is whether the treaty-making power is competent to
assume obligations for the United States in the discharge of which the
President can, without violation of his oath to support the
Constitution, involve the country in large scale military operations
abroad without authorization by the war-declaring power, Congress to
wit. Current military operations in Korea appear to assume an
affirmative answer to this question.

CONGRESSIONAL REPEAL OF TREATIES

It is in respect to his contention that when it is asked to carry a
treaty into effect Congress has the constitutional right, and indeed