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Statement of Continued

Nash, Hon. Frank C., Assistant Secretary f

of Defense

Ober, Frank B., member, committee on peac

Association.---

Oliver, Covey T., professor of internatio

California
Parker, Hon. John J., judge, United States

(Fourth Circuit)--
Pearson, Theodore, chairman, committee on

ciation of the Bar of the City of New York
Perlman, Philip B., former Solicitor General
Phillips, Hon. Orie L., chief judge, United

(Tenth Circuit) -

Rhyne, Charles S., representing Chamber of

States

Rix, Carl, past president, American Bar Ass
Sanders, J. T., legislative counsel, National
Schein, Ernest, chairman, committee on inte

Columbia Bar Association.

Schweppe, Alfred J., chairman, committee o

can Bar Association -

Scott, Rev. De Loss M., pastor, National Ta

D. C.

Stassen, Hon. Harold E., Director, Mutuals
Tuttle, Elbert P., General Counsel, Depart
Tweed, Harrison, attorney, New York City.
Watt, James, manager, Washington office,

mittee on Publication..
Whatley, David, attorney, Washington, D.
Williams, George W., attorney, Baltimore,

Wright, Quincy, international law faculty, U
Statements submitted by-

Air Transport Association of America...
Americans for Democratic Action ----
Castle, W. R., Washington, D. C.---
Conference of State Manufacturers Associati
Coon, Hon. Sam, Member of the House of

District, Oregon---
Curtis, Merritt B., national secretary, Nati
Daniel, Hon. Price, a United States Senator
Delaney, George P., international representa

of Labor..

Durkin, Hon. Martin P., Secretary of Labor

Ferman, Irving, director, Washington, D.

Liberties Union.

Kyle, John M. De Witt, III, president, Na

America
Lawyers Committee of the United World F

Lull, Dr. George F., secretary and general m

Association

Lynn, John C., legislative director, American

McDonough, Gordon L., Member of the

15th District, California.

Murphy, Ray, former national commander,

National Association of Manufacturers---

O'Neill, C. William, attorney general of th

of the National Association of Attorneys

Potofsky, Jacob S., Congress of Industrial
Redmond, Paul A., president, Southern Sta
Roche, Prof. John P., Friends Committee
Schwartzberg, Hugh, national chairman,

United Nations

Singer, Max, Students for Democratic Acti

Steuben Society of America, National Coun

Strackbein, 0. R., chairman, National L

on Foreign Trade Policy---

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Statements submitted by--Continued

Swingle, William S., president, National Foreign Trade Council, Inc.-
The Catholic Association for International Peace..
Women's International League for Peace and Freedom.

Young Women's Christian Association, National Board.

Exhibits:

Copy of Senate Joint Resolution 1, 83d Congress

Letter of Hon. Thruston B. Morton, Assistant Secretary of State.-

Miscellaneous telegrams and letters..

Excerpts from September 1, 1952, report of the committee on peace

and law to the house of delegates of the American Bar Association..

Excerpts from February 1, 1953, report of the committee on peace

and law to the house of delegates of the American Bar Association..

Letter of John J. Gunther, legislative representative, Americans for

Democratic Action, dated February 16, 1903.-.

Editorial from the Journal of the Judicature Society by Mr. Carl B.

Rix....

Memorandum of committee on peace and law, American Bar Associa-

tion, in rerly to Mr. Perlman

Article by Mr. Eberhard P. Deutsch appearing in the September 1952

issue of the American Bar Association Journal.

Editorial appearing in the New Orleans Times-Picayune, January 12,

1953.

Biographical sketch of Frank E. Holman.

List of organizations and associations supporting constitutional

amendment on treaties and executive agreements.

Article by Mr. Neal Stanford appearing in the January 26, 1953, issue

of the Christian Science Monitor.

Report of committee on Federal legislation and committee on inter-

national law of the Association of the Bar of the City of New York

on Senate Joint Resolution 130, 82d Congress...

Address of Rev. Claude Bunzel at Ninth Annual State Convention,

American Council of Christian Churches of California, November 6,

1952..

Telegram of Mr. Clarence Manion to Senator Everett Dirksen, dated

February 18, 1953..

Article appearing in the Christian Science Monitor, September 26,

1952.

Memorandum of the Department of State entitled “The Nature and

Purpose of the WHO International Sanitary Regulations”.

Critique of statement of Department of State on activities of WHO

from the Boston office, Christian Science Monitor.

Memorandum of Mr. Will Maslow on the question “Is the President

Bound by the First Amendment?”.

Reprint from State Department Bulletin dated July 7, 1952, entitled

“Progress Toward Completion of Human Rights Covenants”.

Telegram of Mr. Clarence Manion, dated February 24, 1953, addressed

to Senator William Langer.

Dissent of Chief Justice Vinson in the Steel Seizure case.

Report of the section of international and comparative law of the

American Bar Association...

Government brief submitted in the Steel Seizure case.

Statement of Mr. Philip B. Perlman submitted on Senate Joint Reso-

lution 130, 82d Congress -

List of members of house of delegates of the American Bar Association

as of January 12, 1953.

Remarks of Benjamin V. Cohen to informal group of Senators,

February 9, 1953.

ILO Conventions 87 and 98.
Report of Robert L. Hogg to the American Life Convention on the

1952 ILO Conference

Membership list of the special committee to study the effects of the

treaty process on domestic laws of the United States Chamber of

Commerce..

Copy of the Universal Copyright Convention..

Biographical data on Charles S. Rhyne...

Editorial appearing in the New York Herald Tribune, February 21,

1953..

314

321

375
414

403
431

521
557

566

593

Exhibits-Continued

Report of the committee on amendments to the Federal Constitution

of the New York State Bar.

Resolution adopted by the Confernce on United States Responsibility

for World Leadership..

Motion of the American Association for the United Nations for leave

to file brief as Amicus curiae..

Editorial from the March 2, 1953, issue of the Christian Science

Monitor

Letter of Will Clayton addressed to Hon. Estes Kefauver, dated

March 21, 1953_-

Articles of Senator John Bricker and Mr. Bernard Fensterwold, Jr.,

which appeared in the December 1952 issue of the Federal Bar

Journal

Letter of Mr. Charles P. McCormick addressed to Senator Langer.

Supplementary statement of the Department of State on Senate Joint

Resolution i and Senate Joint Resolution 43..

Historical background of the treaty clauses of the Constitution (sub-

mitted by Department of State)---

Memorandum of Department of State on treaty provisions prevailing

over inconsistent State laws.--.

Memorandum of Department of State on survey of foreign treaty

procedures.-

Memorandum of Department of State on making of international

agreements other than treaties.

Address of Mr. John Foster Dulles before the regional meeting of the

American Bar Association, Louisville, Ky, April 11, 1952..

Memorandum prepared by Department of the Treasury on effects of

proposed amendments on Federal control of narcotic drug traffic..

Memorandum prepared by Department of the Treasury on use of

executive agreements in the field of international finance.

Memorandum prepared by Department of the Treasury on treties and

executive agreements affecting Coast Guard operations -

Memorandum prepared by Department of the Treasury on effect of

treaty amendments on tax treaties. -

Memorandum submitted by representative of the American Federa-

tion of Labor on the ILO as a World Parliament..

Memorandum submitted by Mr. Finch on modern constitutional

provisions concerning the treatymaking power..

Article by Mr. George A. Finch appearing in the American Bar Asso-

ciation Journal entitled “The Treaty-Clause Amendment--the

Case for the Association”,

Article by Judge John J. Parker appearing in the August 1952 issue

of the American Bar Association Journal on an International

Criminal Court --

Article by Mr. George A. Finch appearing in the August 1952 issue

of the American Bar Association Journal entitled “An Interna-

tional Criminal Court: The Case Against Its Adoption”--

Statement on War by Executive Order, by Senator Arthur V. Watkins

Newspaper article from the Chicago Tribune by William Moore

entitled “NATO Pacts Cut Into United States Rights, Backers

Admit"

Editorial appearing in the April 7, 1953, issue of the New Orleans

Times-Picayune

Editorial appearing in the April 7, 1953, issue of the New Orleans

States...

Statement by the LaJolla, Calif., Unit of Pro-America

Letter addressed to Senator John Butler of Maryland by Mr. Elbert

P. Tuttle, General Counsel, Department of the Treasury

Memorandum by Dr. Salo Engel of the University of Tennessee on

Senate Joint Resolution 1.

Resolution adopted by the National Cotton Compress and Cotton

Warehouse Association..

Compilation of names of persons communicating with subcommittee

on Senate Joint Resolutions 1 and 43 and position thereon.

Letter addressed to Senator William Langer from Mr. Joseph D.

Stecher, secretary, American Bar Association on report submitted to

house of delegates as report of section on international and com-

parative law

TREATIES AND EXECUTIVE AGREEMENTS

WEDNESDAY, FEBRUARY 18, 1953

UNITED STATES SENATE,
SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to call, at 10 a. m. in room 424, Senate Office Building, Hon. William Langer, chairman of the committee, presiding.

Present: Senators Langer, Dirksen, and Butler of Maryland.

Also present: Senators Watkins, Hendrickson, Bricker, Johnston, and Smith of North Carolina.

Wayne H. Smithey, subcommittee counsel; and Charles Webb, assistant to Senator Bricker.

The CHAIRMAN. The meeting will come to order.

This is the time set for taking up the Joint Resolution No. 1 proposing an amendment to the Constitution of the United States relative to the making of treaties and executive agreements.

I will ask that there be placed in the record at this point a copy of Senate Joint Resolution i. (The resolution follows:)

(S. J. Res. 1, 83d Cong., 1st sess.) JOINT RESOLUTION Proposing an amendment to the Constitution of the United States

relative to the making of treaties and executive agreements Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"ARTICLE "SECTION 1. A provision of a treaty which denies or abridges any right enumerated in this Constitution shall not be of any force or effect.

"SEC. 2. No treaty shall authorize or permit any foreign power or any international organization to supervise, control, or adjudicate rights of citizens of the United States within the United States enumerated in this Constitution or any other matter essentially within the domestic jurisdiction of the United States.

"SEC. 3. A treaty shall become effective as internal law in the United States only through the enactment of appropriate legislation by the Congress.

“Sec. 4. All executive or other agreements between the President and any international organization, foreign power, or official thereof shall be made only in the manner and to the extent to be prescribed by law. Such agreements shall be subject to the limitations imposed on treaties, or the making of treaties, by this article.

"SEC. 5. The Congress shall have power to enforce this article by appropriate legislation.

“Sec. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

1

The CHAIRMAN. We have the honor of having the distinguished Senator from Ohio, who is the author of this resolution, here with us. I think you ought to be the first witness, Senator. We shall be delighted to have you testify.

STATEMENT OF HON. JOHN W. BRICKER, A UNITED STATES

SENATOR FROM OHIO

Senator BRICKER. Thank you very much, Mr. Chairman.

In the very beginning I want to explain for the purpose of the record that this began, I think, about 2 years ago. I think the first presentation I made on the floor of the Senate was in June of 1951. I introduced a resolution there which was never considered by the Foreign Relations Committee. Then I introduced Senate Joint Resolution 130, which was of similar import as Senate Joint Resolution 1, which we are considering here today.

Hearings were held on Resolution 130. There were many witnesses from the departments of Government and from the American bar. I testified at that time. After the presentation the chairman well remembers that I was busy on a security bill and several other matters, on which investigations I was on, and we did not get the final report out. It is possibly well we did not because there has been some subsequent thinking and work on it by the staff and by Mr. Webb of my office and representatives of the bar association that I think has clarified some of the thinking, at least brought the wording into better shape to express what we really have in mind.

There is a singleness of purpose of course on the part of all of us, the bar, and, I am quite confident, the departments of the Government now and the Members of the Senate who have joined in the presentation of this Resolution No. 1. There are 64 Members of the Senate that have joined in this resolution and many others, I think about 6 or 8, have told me that when it is finally put in form and submitted by this committee they will support the matter when it comes to the floor.

I do not want to begin the hearing unless I express a very deep appreciation to some people who have been very active in this, even long before our office became interested in it. I especially want to pay my respects and give commendation to Mr. Frank Holman who will be a witness here, the past president of the American bar, who in the very early days began to alert the lawyers of the country to the imminent danger of treaty law invading the rights of the American people under the Constitution.

Mr. Carl Rix is here also and Mr. Al Schweppe, with whom we have talked, also Mr. Eberhard Deutch and Mr. Finch.

I also want to mention the fact that Mr. Hatch is here from the American bar, Mr. Clarence Manion, the former dean of Notre Dame University, has been very active throughout the country in speaking on this subject and pointing out the danger and the need.

Mr. McGrath of my home State of Ohio, Cincinnati, has been very active. He has been a delegate to the ILO, representing the employers' point of view. He will be here to testify, and many others.

I do want to emphasize the fact that the American bar, through its officials and through those who are leaders in the American bar,

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