John Bassett Moore to Woodrow Wilson

In performance of my promise of the 27th inst., I beg leave to enclose the draft of a reply to the last Japanese note.
In reading in its final form this Government’s reply of May 19 to Japan’s original protest, I observe that an amendment made, as I infer, in Cabinet discussion, to a particular passage, misquotes the Constitution of the USUnited States and misrepresents its meanings. “Your Government,” says the reply, “is no doubt advised that by the Constitution of the USUnited States the stipulations of treaties made in pursuance thereof are the supreme law of the land,” etc. The Constitution does not so read. It (Art.Article VI) says:“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the Authority of the USUnited States, shall be the Supreme Law of the Land.”
My design and in fact the treaty-making power is not subject to the constitutional limitations imposed on the law-making power. The maintenance of this distinction is vital to the preservation of the constitutional supremacy of the Gov’tGovernment of the USUnited States in foreign affairs. Very respectfully & truly yryours JB Moore


To the President.