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R.V. S. 171 52

CONTENTS

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Page

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Brannan, Hon. Charles F., Secretary of Agriculture, Department of
Agriculture. -

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Brenckman, Fred, the Pennsylvania State Grange..

296

Chafee, Zechariah, Jr., professor, Harvard University..

109

Cook, Hon. Donald C., Chairman, Securities and Exchange Commis-
sion___

348

Coolidge, Hon. Charles A., Assistant Secretary of Defense, Depart-
ment of Defense

Deutsch, Eberhard P., committee on peace and law through the

United Nations, American Bar Association___

Donaldson, Hon. J. M., Postmaster General, Post Office Depart-

ment....

Eichelberger, Clark M., American Association for the United Nations.
Finch, George A., Sr., committee on peace and law through the
United Nations, American Bar Association__

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345

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Griswold, Enid H., National Economics Council_.

104

Harriman, Hon. W. A., Director of Mutual Security, Executive
Office of the President__

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Kenney, Hon. W. John, Deputy Director, Mutual Security Agency..

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369

TREATIES AND EXECUTIVE AGREEMENTS

WEDNESDAY, MAY 21, 1952

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 P-36, the Capitol, Hon. Herbert R. O'Conor presiding.

Present: Senators O'Conor, Smith of North Carolina, Ferguson, Hendrickson, and Bricker.

Also present: J. C. Sourwine, committee counsel; Wayne H. Smithey, professional staff member; and Charles Webb, assistant to Senator Bricker.

Senator O'CONOR. The meeting will please be in order.

We are to take up Senate Joint Resolution 130, and it occurred to me that a brief announcement as to the procedure might be made. First of all, by direction of the chairman, Senator McCarran, who will be in attendance at these meetings, as well as at the request of other members of the committee, all of whom will be here as soon as they possibly can, I am presiding at the beginning of the hearing because of the request of a number of those present who have come from different parts of the country and whose convenience of course we wish

to serve.

I will hear from all that can be heard at this morning's session, and of course continuing throughout the best part of the day. Because of the request of several, I might state that it is the desire of the committee to accommodate anyone who wishes to have his statement incorporated in full in the record. For that reason, we have already indicated our readiness to accept the statements in full so that they can be copied into the record even though they may not be read in full at the hearings. I merely mention that because of the time question involved.

We are very honored by the presence of the able Senator from Ohio, the sponsor of the joint resolution, Senator Bricker, and at this point I would like to ask Senator Bricker to proceed.

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

SENATOR FROM OHIO

Senator BRICKER. Mr. Chairman, I might say that I am happy that you have been assigned to hear this. I know you are interested. First of all, I would like to have made a part of the record at the very beginning the resolution itself. The copy that I have does not have Senator Kem or Senator McCarran's name on it. Senator Kem was overlooked when I introduced the original resolution, and Senator

1

McCarran was out of town and said he wished to be a cosponsor. Then I reintroduced it, as the chairman will remember, with those names added. I do not know whether the resolution you have there is the original or not.

Senator O'CONOR. No; I have the one with their names included, both Senator Kem and Senator McCarran.

Senator BRICKER. I will ask that that be made a part of the record at the very beginning.

Senator O'CONOR. It will be in full.

(The resolution is as follows:)

[S. J. Res. 130, 82d Cong., 2d 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. No treaty or executive agreement shall be made respecting the rights of citizens of the United States protected by this Constitution, or abridging or prohibiting the free exercise thereof.

"SEC. 2. No treaty or executive agreement shall vest in any international organization or in any foreign power any of the legislative, executive, or judicial powers vested by this Constitution in the Congress, the President, and in the courts of the United States, respectively.

"SEC. 3. No treaty or executive agreement shall alter or abridge the laws of the United States or the Constitution or laws of the several States unless, and then only to the extent that, Congress shall so provide by Act or joint resolution.

"SEC. 4. Executive agreements shall not be made in lieu of treaties. "Executive agreements shall, if not sooner terminated, expire automatically one year after the end of the term of office for which the President making the agreement shall have been elected, but the Congress may, at the request of any President, extend for the duration of the term of such President the life of any such agreement made or extended during the next preceding Presidential term.

"The President shall publish all executive agreements except that those which in his judgment require secrecy shall be submitted to appropriate committees of the Congress in lieu of publication.

"SEC. 5. 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."

Senator BRICKER. I thank you very much.

This is technical, and there are so many details in connection with it that I would like to have made a part of the record at this point at the very beginning a copy of the draft covenant as it stands at the present time, with appended note to the bulletin from the Department of State, which shows the present status of the Covenant of Human Rights, which is involved in this whole matter.

Senator O'CONOR. That will be accepted and will be made a part of the record at this point.

(The information referred to is as follows:)

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