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Statement of-Continued

Nash, Hon. Frank C., Assistant Secretary for Defense, Department
of Defense.

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951

Oliver, Covey T., professor of international law, University of
California__.

683

Parker, Hon. John J., judge, United States Circuit Court of Appeals
(Fourth Circuit)_.

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..
Phillips, Hon. Orie L., chief judge, United States Court of Appeals
(Tenth Circuit)_

984, 1022

75, 1024
625

Rix, Carl, past president, American Bar Association_
Sanders, J. T., legislative counsel, National Grange..
Schein, Ernest, chairman, committee on international law, District of
Columbia Bar Association_.

Schweppe, Alfred J., chairman, committee on peace and law, Ameri-
can Bar Association___

24

33, 1186, 1228

Scott, Rev. De Loss M., pastor, National Tabernacle of Washington,
D. C...

257

Stassen, Hon. Harold E., Director, Mutual Security Agency..
Tuttle, Elbert P., General Counsel, Department of the Treasury-
Tweed, Harrison, attorney, New York City.

1054

999

615

Watt, James, manager, Washington office, Christian Science Com-
mittee on Publication..

291

Whatley, David, attorney, Washington, D. C..
Williams, George W., attorney, Baltimore, Md.

1175

789

Wright, Quincy, international law faculty, University of Chicago.-

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Coon, Hon. Sam, Member of the House of Representatives, Second
District, Oregon..

1195

360

Lynn, John C., legislative director, American Farm Bureau Federation.
McDonough, Gordon L., Member of the House of Representatives,
15th District, California...

279

1196

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Statements submitted by-Continued

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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.

284

1200

601

377

58

Editorial appearing in the New Orleans Times-Picayune, January 12,
1953.

128

257

Article appearing in the Christian Science Monitor, September 26,
1952.

294

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:

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"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."

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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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