Matt R. Erickson
By the express command of U.N. Participation Act of 1945—enacted by the Congress of the United States of America and signed by American President Harry S. Truman—all pertinent parties understood the American law that the U.N. special agreements “shall be subject to the approval of Congress by appropriate Act or joint resolution.” Legislative Acts and joint resolutions both require approval of both Houses of Congress—the Senate and the House of Representatives—and the signature of the President (unless approved over his veto by two-thirds of both Houses or with his inaction of ten days [while both Houses are still in session] as detailed in Article I, Section 7, Clauses 2 and 3 of the U.S. Constitution). Despite the U.N. Charter specifically stating that “special agreements” (to commit troops and assistance) “shall be subject to ratification by the signatory states in accordance with their respective constitutional processes,” despite the President’s written assurance that he would “ask the Congress by appropriate legislation to approve” all special agreements, and despite the United States’ “United Nations Participation Act of 1945” saying that the special agreements negotiated by the President are “subject to the approval of the Congress by appropriate Act or joint resolution,” President Truman never sought to negotiate any special agreements with the U.N. Security Council before (or after) sending American troops into Korea. Strictly speaking, since President Truman did not actually seek any special agreements for Congress to consider, however, he did not violate his July 28, 1945 personal guarantee that he would ask Congress to approve all special agreements he in fact sought. Of course, since he didn’t pursue any special agreements, he could not point to the U.N. Charter for support of his actions. He acted unilaterally—he could not have his cake and eat it, too. The United Nations Participation Act of 1945, if nothing else, should make it quite clear that Ameri
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