The Refusal of the President to Give Notice of Termination of Certain Treaty Provisions Under the Jones Act

There has been much discussion, in the public press and elsewhere, of the refusal of the President to give notice, pursuant to Sec. 34 of the Merchant Marine Act of June 5, 1920, of the termination of so much of the treaties with various foreign governments as restricts the right of the United States to impose discriminating customs duties on imports in foreign vessels and discriminatory tonnage dues on foreign vessels entering the United States. So far as this discussion is concerned with the proposed policy of assisting the American merchant marine by thus discriminating against foreign shipping, it is not within the province of this comment to venture an opinion. So far, however, as criticism has been directed against this action of the President upon the ground that in thus failing or refusing to carry out this direction of Congress he has exceeded his constitutional rights, an interesting and important question of constitutional law, affecting international relations, is presented

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