Statement of-Continued Nash, Hon. Frank C., Assistant Secretary for Defense, Department Page 951 Oliver, Covey T., professor of international law, University of 683 Parker, Hon. John J., judge, United States Circuit Court of Appeals 708 399 Pearson, Theodore, chairman, committee on Federal legislation, Asso- ciation of the Bar of the City of New York.. Perlman, Philip B., former Solicitor General of the United States.. 984, 1022 75, 1024 Rix, Carl, past president, American Bar Association_ Schweppe, Alfred J., chairman, committee on peace and law, Ameri- 24 33, 1186, 1228 Scott, Rev. De Loss M., pastor, National Tabernacle of Washington, 257 Stassen, Hon. Harold E., Director, Mutual Security Agency.. 1054 999 615 Watt, James, manager, Washington office, Christian Science Com- 291 Whatley, David, attorney, Washington, D. C.. 1175 789 Wright, Quincy, international law faculty, University of Chicago.- Coon, Hon. Sam, Member of the House of Representatives, Second 1195 Curtis, Merritt B., national secretary, National Sojourners, Inc.. Daniel, Hon. Price, a United States Senator from the State of Texas__ Delaney, George P., international representative, American Federation 360 Durkin, Hon. Martin P., Secretary of Labor of the United States-- Ferman, Irving, director, Washington, D. C., office, American Civil Lynn, John C., legislative director, American Farm Bureau Federation. 279 1196 O'Neill, C. William, attorney general of the State of Ohio, in behalf of the National Association of Attorneys General.. Potofsky, Jacob S., Congress of Industrial Organizations. Redmond, Paul A., president, Southern States Industrial Council.. Roche, Prof. John P., Friends Committee on National Legislation. Schwartzberg, Hugh, national chairman, Collegiate Council for the Statements submitted by-Continued Page Swingle, William S., president, National Foreign Trade Council, Inc.. 284 1200 601 377 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 Editorial from the Journal of the Judicature Society by Mr. Carl B. 58 Editorial appearing in the New Orleans Times-Picayune, January 12, 128 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. 257 Article appearing in the Christian Science Monitor, September 26, 294 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 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 Articles of Senator John Bricker and Mr. Bernard Fensterwold, Jr., which appeared in the December 1952 issue of the Federal Bar Letter of Mr. Charles P. McCormick addressed to Senator Langer. Supplementary statement of the Department of State on Senate Joint Resolution 1 and Senate Joint Resolution 43 Historical background of the treaty clauses of the Constitution (sub- 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 Article by Judge John J. Parker appearing in the August 1952 issue of the American Bar Association Journal on an International 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 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 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- 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 1. (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: "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, |