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CONTENTS

Page

Statement of

Backus, Dana Converse, Association of the Bar of the City of New

York.

190

Bernstein, Bernard, B'nai B'rith_

253

Berg, Mrs. Louella Miller, legislative associate, American Association
of University Women-

602
Boss, Charles F., Jr., executive-secretary, Board of World Peace,
Methodist Church -

378
Bricker, Hon. John W., a United States Senator from Ohio..

2
- Brownell, Hon. Herbert, Jr., Attorney General of the United States. 901
Delaney, George P., international representative, American Federation
of Labor...

1082

Deutsch, Eberhard P., member, committee on peace and law, American

Bar Association.

115

Downer, Adin M., assistant legislative representative, Veterans of

Foreign Wars of the United States

289

Dulles, Hon. John Foster, Secretary of State of the United States. 823

Dumbauld, Edward, attorney, Uniontown, Pa---

364

Dunn, Stephen F., General Counsel, Department of Commerce - 1035, 1077

Edelman, Albert I., meinber, board of directors, American Association

for the United Nations...

Eichelberger, Clark, executive director, American Association for

Advancement of the United Nations.

745

Faupl, Rudolph, international representative, International Associa-

tion of Machinists, AFL.--

779

Fenner, Mrs. Merwyn, Afton, N. Y .

176

Finch, George A., Sr., member, committee on peace and law, American

Bar Association.

1104

Griswold, Mrs. Enid H., vice-president, the National Economic

Council, Inc.

174

Hatch, Vermont, member, committee on peace and law, American

Bar Association..

83

Hawes, L. Roy, secretary, executive committee of the National
Grange---

527
Holman, Frank E., past president, American Bar Association. 129, 1216
Howard, Mrs. Ernest W., legislative chairman, the Wheel of Progress- 19
Kennedy, Miles D., director, national legislative commission, the
American Legion, Washington, D. C.--

285
Kent, Roger, General Counsel, Department of Defense-

951
Lashley, Jacob, past president, American Bar Association..

629
Leetch, Mrs. William D., national defense chairman, National Society
of New England Women.

17

Lucas, Mrs. James C., executive secretary, National Society,
Daughters of the American Revolution_

171

Maas, Maj. Gen. Melvin, USMC (retired), Military Order of the

World Wars.

947

Manion, Clarence, former dean of College of Law, University of

Notre Dame

809

Maslow, Will, general counsel, American Jewish Congress..

305

McGrath, W. L. representing Chamber of Commerce of the United

States

530

McKee, Frederick C., committee on national affairs of New York

City

591

Mitchell, James G., member, Association of the Bar of the City of

New York.

368

Statement of-Continued

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

951

Ober, Frank B., member, committee on peace and law, American Bar

Association,

167

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

Pearson, Theodore, chairman, committee on Federal legislation, Asso-

ciation of the Bar of the City of New York..

213

Perlman, Philip B., former Solicitor General of the United States.. 399
Phillips, Hon. Drie L., chief judge, United States Court of Appeals
(Tenth Circuit).

984, 1022

Rhyne, Charles S., representing Chamber of Commerce of the United

States.

571

Rix, Carl, past president, American Bar Association.

75, 1024

Sanders, J. T., legislative counsel, National Grange

625

Schein, Ernest, chairman, committee on international law, District of

Columbia Bar Association...

24

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

can Bar Association...

33, 1186, 1228

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

D. C..

257

Stassen, Hon. Harold E., Director, Mutual Security Agency -

1054

Tuttle, Elbert P., General Counsel, Department of the Treasury 999

Tweed, Harrison, attorney, New York City.

615

Watt, James, manager, Washington office, Christian Science Com-

mittee on Publication.

291

Whatley, David, attorney, Washington, D. C.

1175
Williams, George W., attorney, Baltimore, Md.

789
Wright, Quincy, international law faculty, University of Chicago.. 676

Statements submitted by-

Air Transport Association of America.

736

Americans for Democratic Action.-

526

Castle, W. R., Washington, D. C...

1199
Conference of State Manufacturers Association..

734
Coon, Hon. Sam, Member of the House of Representatives, Second
District, Oregon

1195

Curtis, Merritt B., national secretary, National Sojourners, Inc. 283

Daniel, Hon. Price, a United States Senator from the State of Texas-- 252

Delaney, George P., international representative, American Federation

of Labor..

360

Durkin, Hon. Martin P., Secretary of Labor of the United States 1097
Ferman, Irving, director; Washington, D. C., office, American Civil
Liberties Union..

281

Kyle, John M. De Witt, III, president, National Defense League of

America

703

Lawyers Committee of the United World Federalists, Inc.-

735

- Lull, Dr. George F., secretary and general manager, American Medical

Association

16

Lynn, John C., legislative director, American Farm Bureau Federation. 279
McDonough, Gordon L., Member of the House of Representatives,
15th District, California --

1196

Murphy, Ray, former national commander, American Legion.

286

National Association of Manufacturers.-

596

O'Neill, C. William, attorney general of the State of Ohio, in behalf

of the National Association of Attorneys General..

695

Potofsky, Jacob S., Congress of Industrial Organizations-

595

Redmond, Paul A., president, Southern States Industrial Council.. 705

Roche, Prof. John P., Friends Committee on National Legislation. 742

Schwartzberg, Hugh, national chairman, Collegiate Council for the

United Nations.

740

Singer, Max, Students for Democratic Action-

743

Steuben Society of America, National Council.-

740

Strackbein, 0. R., chairman, National Labor-Management Council
on Foreign Trade Policy----

696

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284
1200
601
377

128

130

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 Februery 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 reply to Mr. Perlman.
Article 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 Š. Rhyne.-

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

1953.

294

Exhibits-Continued

Pago

Report of the committee on amendments to the Federal Constitution

of the New York State Bar.

618

Resolution adopted by the Confernce on United States Responsibility

for World Leadership..

656

Motion of the American Association for the United Nations for leave

to file brief as Amicus curiae.

659

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

Monitor

705

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

March 21, 1953.

733

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

which appeared in the December 1952 issue of the Federal Bar

Journal

767

Letter of Mr. Charles P. McCormick addressed to Senator Langer. 786

Supplementary statement of the Department of State on Senate Joint

Resolution i and Senate Joint Resolution 43.

830

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

mitted by Department of State)

840

Memorandum of Department of State on treaty provisions prevailing

over inconsistent State laws..

843

Memorandum of Department of State on survey of foreign treaty

procedures

848

Memorandum of Department of State on making of international

agreements other than treaties...

853

Address of Mr. John Foster Dulles before the regional meeting of the
American Bar Association, Louisville, Ky, April 11, 1952..

862

Memorandum prepared by Department of the Treasury on effects of

proposed amendments on Federal control of narcotic drug traffic.. 1015

Memorandum prepared by Department of the Treasury on use of

executive agreements in the field of international finance..

1018

Memorandum prepared by Department of the Treasury on treties and

executive agreements affecting Coast Guard operations---

1019

Memorandum prepared by Department of the Treasury on effect of

treaty amendments on tax treaties. --

1021

Memorandum submitted by representative of the American Federa-

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

1096

Memorandum submitted by Mr. Finch on modern constitutional

provisions concerning the treatymaking power...

1113

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

ciation Journal entitled "The Treaty-Clause Amendment—the

Case for the Association".

1133

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

of the American Bar Association Journal on an International

Criminal Court.-

1151

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"'--

1154

Statement on War by Executive Order, by Senator Arthur V. Watkins. 1176

Newspaper article from the Chicago Tribune by William Moore

entitled “NATO Pacts Cut Into United States Rights, Backers

Admit”

1188

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

Times-Picayune.

1189

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

States.

1199

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

1201

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

P. Tuttle, General Counsel, Department of the Treasury-

1201

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

Senate Joint Resolution 1

1202

Resolution adopted by the National Cotton Compress and Cotton

Warehouse Association..

1201

Compilation of names of persons communicating with subcommittee

on Senate Joint Resolutions 1 and 43 and position thereon..

1205

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

1215

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.

"SEO. 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.

"SFc. 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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