Federal treaties are the supreme law of the land. But while the Constitution requires Federal legislation to be made "in pursuance thereof," that is, in harmony therewith, treaties have only to be made "under the authority of the United States," that is, by the proper organ, by the authority provided for by the Constitution. Under a strict interpretation of article 6, section 2, of the Constitution treaties rank equally with the latter and do not have to be made "in pursuance thereof." The courts, however, do not seem to have adopted so strict an interpretation. Neither did they construe the treatymaking power as narrowly and as being so subordinate to the Constiution as proposed by section 1 of the resolution. It is not clear, however, what precisely the limits of the treatymaking power are. In Missouri v. Holland, Justice Holmes took pains to state that the Court did "not mean to imply that there are no qualifications to the treatymaking power" but he did not define those qualifications (cf. also The License Cases, 5 Howard 504, 613 (1847) and Calhoun's statement quoted in People v. Gerke and Clark, 5 Cal. 381 (1855)). And Missouri v. Holland itself-which, contrary to the statement of the New York City Bar Association, is pertinent-proves that it was possible to achieve through a Federal treaty plus Federal legislation pursuant thereto what had been impossible of achievement by Federal legislation alone, viz, for Congress to legislate in a field reserved for State legislation.

3. It is not clear whether section 1 is designed to protect States "rights" against encroachment by use of the treaty power.

Section 2 of the resolution

1. As far as the international or internal limitation intended by this section and the total or partial validity of treaties are concerned, the same questions arise as those mentioned above under section 1, except that in the latter stronger language is used than in section 2. It may be assumed, however, that treaties concluded in violation of section 2 shall have no more "force or effect" than those conflicting with section 1.

2. Section 2 is ambiguous also in other respects. It intends to prohibit the authorization by treaty of foreign powers or international organizations to supervise, control, or adjudicate rights of United States citizens within the United States enumerated in the Constitution or any other matter essentially within the domestic jurisdiction of the United States. Foreign or international jurisdiction is thus to be excluded in two fields: (a) Constitutional rights of United States citizens, and (b) essentially domestic matters. The qualification "within the United States" is made under (a) in connection with the constitutional rights of United States citizens and thus seems to apply only to the rights of citizens within the United States, i. e., living in the United States. Rights of citizens not within the United States, i. e., living outside the United States, could, therefore, be put under the supervision, control, or adjudication of foreign powers or international organizations. The qualification "within the United States" might, however, also be taken to refer to "supervise, control, or adjudicate.” In this case it would also cover (b) and section 2 would thus prohibit the supervision, control, or adjudication within the United States, by foreign powers or international organizations, (a) of constitutional rights of United States citizens (wherever they might live) and (b) of any matter essentially within the domestic jurisdiction of the United States. If this interpretation is correct only those treaties mentioned in the statement of the New York City Bar Association are pertinent which confer upon foreign powers or international organizations jurisdiction to be exercised within the United States.

3. The statement rightly points out that the term "domestic jurisdiction" is difficult of definition. It is an essentially relative term depending upon the development of international relations, as the Permanent Court of International Justice said in the Tunis-Morocco case. Its scope is determined, inter alia, by treaties concluded between States. Section 2 would preclude the United States from participating, through treaties, in the process of defining matters of domestic jurisdiction. This would even go farther than the famous innovation in the declaration made by the United States under article 36 of the Statute of the International Court of Justice whereby the jurisdiction of the court was excluded in matters essentially within the domestic jurisdiction of the United States as determined by the United States.

Mr. and Mrs. Bernah Hodgins, Mr. and Mrs. Max Seaton, Mr. and Mrs. Rodney Chadbourne, Miss Bess Stinson, Mr. and Mrs. Earl Fish, Dr. and Mrs. Logan Dameron, Mr. and Mrs. Richard Berry, Mrs. Addie Tait, Mr. and Mrs. A. J. House, Mr. and Mrs. V. M. Haldiman, Phoeniz, Ariz.

Lawrence Brown, Ridge Avenue and Valley Street, New Castle, Pa.

Mrs. M. Cullum Thompson

James L. Doenges, chairman, Madison County Medical Society, Anderson, Ind. Ex-Governor Frank M. Dixon, Birmingham, Ala.

Mrs. Lawrence Booram, 431 West 10th Street, Anderson, Ind.

A. G. Blazey, M. D., 7 East Walnut Street, Washington, Ind.
Mrs. H. B. Reynolds, 2502 Webster Street, Berkeley 5, Calif.
Mrs. G. M. Heywood, 1615 Broadway North, Seattle 2, Wash.

R. C. Aiken, M. D., Medical Center, 13000 South Maple Avenue, Blue Island, Ill.
C. Mervyn Young, 241 Kent Road, Wynnewood, Pa.

George E. Owen, Eugene, Oreg.

Clarence Manion, former dean, University of Notre Dame College of Law, South Bend, Ind.

F. C. Coleman, M. D., chairman, legislative committee, Iowa State Medical Society, Des Moines, Iowa

Karl Hoblitzelle, Majestic Theater Building, Dallas, Tex.

Clelement Raiche, Macel Raiche, Walter Small, Marguerite Small, Albert Jauron. Sebil Jauron, Eugene Glenzinski, Barbara Glenzinski, Dean Madison, Lela Madison, Marcel Surprent, Allen Foster, Katheryn Foster, Alex Cardosi, Aldina Cardosi, Thomas Houde, Sr., Lillian Houde, Mathilde Nourie, Thressley Nourie, Helen Nourie, Grace Nourie, Yvonne Marcotte, Elmire Marcotte, Violet Bergeron, Andrew Lagesse, Louis Lagesse, John Bernatavicz, Ameliz Bernatavicz, Kankakee, Ill.

F. M. Acree, 130 North Shelby Street, Greenville, Miss.

Hugo Franzen, 767 San Bruno Avenue, San Francisco 10, Calif.

W. R. Timken, vice president, Timken Roller Co., Canton, Ohio.

Mrs. Martha Koehne, 683 Glenmont Avenue, Columbus 14, Ohio

Mr. and Mrs. Frank Butler, Jr., 1803 South Van Ness, Santa Ana, Calif.
Legislative Committee. Keokuk Chamber of Commerce, Keokuk, Iowa.
Mr. and Mrs. John W. Hill, Santa Ana, Calif.

Mrs. Ellis W. Stanley, Santa Ana, Calif.

Mr. O. C. Horney, Jr., 67 Rosewood Drive, Atherton, Calif.

Mrs. A. Bonar, president, Womens Republican Study Club, Los Angeles, Calif. Mr. and Mrs. A. Bonar, Los Angeles, Calif.

Mr. Paul C. Phillips, 1215 West First Street, Santa Ana, Calif.

Mr. Joe Hall, 116 North Sycamore, Santa Ana, Calif.

Mrs. Marietta Rentschler. Glendale, Calif.

Mr. and Mrs. Robert E. Wilde, Santa Ana, Calif.

Mr. and Mrs. Frank Hertzberg, Eva and Mamie Fowler, Santa Ana, Calif.

Harry and Delores Ashen, Jerry and Catherine Redlein, Santa Ana, Calif.

Mr. and Mrs. Walter DeSilva, Mr. and Mrs. Kenneth Bogue, Mr. and Mrs. C. N. Manville, Dr. and Mrs. James L. Lynch, Mr. and Mrs. Stan Woods, Mr. and Mrs. Emmett, Joseph Quinn, Santa Ana, Calif.

Mrs. John L. Boenges, Anderson, Ind.

Mrs. Frances H. Beshears, 13871 Deodar, Santa Ana, Calif.

Mr. Edward S. Peer, 117 South Windsor Boulevard, Los Angeles, Calif.
Mrs George McNee, 117 South Windsor Boulevard, Los Angeles, Calif.

Mrs. Louise V. Conradt, Keokuk, Iowa.

Mrs. Charlotte Churchill, Starr, legislative chairman, Colonial Dames of America, R. D. F. No. 2, Quakertown, Pa.

Mr. A. H. Conradt, Keokuk, Iowa.

Mrs. J. S. Paulson, 14945 22d Street SW., Seattle 66, Wash.

Miss Lydia L. Hazelton, 920 South New Hampshire Avenue, Los Angeles 6, Calif. Mr. Keith C. Atterberg, Keokuk, Iowa

Mr. Leonard D. Mayes and mother, Arlington, Calif.

Mr. Russell J. Hulse, 1310 Winding Way, Edgewood, Ind.

Dr. John K. Glen, 4412 Montrose Boulevard, Houston 6,Tex.

Mrs. N. A. Paris, 2728 Northeast 32d Avenue, Portland 12, Oreg.

Mrs. M. L. Pierrepont, 1635 northeast 160th Street, North Miami Beach, Fla. Mayme K. Albaugh, S. L. Albaugh, 2700 Chester Lane, Bakersfield, Calif.

Mr. Joseph H. In, 1728 Jasmine Street, Denver 7. Colo.

Mr. Floyd W. Stoelting, manager, Anderson Chamber of Commerce, Tower Building, Anderson, Ind.

Mrs. L. W. Smith, 805 West 32d Street, Los Angeles 7, Calif.

Mrs. H. J. Bescher, 14783 Gardena, Calif.

Mrs. R. F. Beck, 17 Crest Road, Rolling Hill, Calif.

Mr. and Mrs. Pearson Carmean, 4220 Victoria Avenue, Los Angeles 8, Calif.

Mrs. H. B. Montgomery, 241 South Lima Street, Burbank, Calif.

Mr. George O. Teats, postoffice box 122, 414 West Pikes Peak Avenue, Colorado Springs, Colo.

Mrs. Elise French Johnston, 20 East 76th Street, New York 21, N. Y.

Mr. Thomas Creigh, 1559 Continental Illinois Bank Building, Chicago 4, Ill.

Mr. Edward Arnold, in care of Arnold Bros. Machine Works, postoffice box 773, Maricopa, Calif.

Mr. Halsey McGovern, 4610 New Hampshire Avenue NW., Washington, D. C.
Miss Alice M. Chellberg, assistant secretary, American Mutual Alliance, 20
North Wacker Drive, Chicago 6, Ill.

Robert and H. C. Page, Page's Pantry, 1201 High Street, Keokuk, Iowa
Henry C. Huiskamp, 801 Grand Avenue, Keokuk, Iowa

H. Joseph Mahoney, 80 Rutland Road, Brooklyn 25, N. Y.

James T. Barnes, executive secretary, Medical Society of State of North Carolina, 203 Capital Club Building, Raleigh, N. C.

Mrs. Donald W. Henderson, 377 Palm Avenue, Oakland, Calif.

Mrs. Dorothy J. Lockwood, 631 Valley Street, Burbank, Calif.
Mrs. L. M. Brook, Route 1, Box 80, De Ridder, La.

Mrs. H. A. Vesser, 424 Noyak, Tacoma, Wash.

Mrs. F. M. Schoen, Tacoma, Wash.

Willard B. Satterly, 1315 Franklin Street, Keokuk, Iowa

Mrs. Clyde L. Campbell, 219 West Belle Avenue, Bakersfield, Calif.

Miss Elizabeth E. Lewis, chairman, national defense, New York City Colony, National Society New England Women, Hotel Shelton, 525 Lexington Avenue, New York City 17

Hon. R. C. Bakewell, judge, Circuit Court of South Dakota, Fourth Judicial Circuit, Plankinton, S. Dak.

G. E. Smith, president, Camoeron, Joyce & Co., 19 South 7th Street, Keokuk, Iowa

*Benjamin Wham, 231 South LaSalle Street, Chicago 4, Ill.

*John Hughes, Tacoma, Wash.

L. W. Woolsey, 726 Jackson Place, Washington, D. C.

Warren Cook, chairman, George Dankwerth, Ann Dankwerth, Leslie Brewer, Doris Spender, John Hanley, Robert David, Grace Peace, Ruth Cock, Walter Miller, June Hann, Pearl Littlefield, Beatrice Bennett, Bricker Amendment Committee, Palo Alto, Calif.

K. T. Halloran, San Francisco, Calif.

Frederica and John F. O'Connor, 4863 Vista Deoro, Los Angeles 43, Calif.

Ruth and James R. Urquhart, 627 South McCadden Place, Los Angeles 5, Calif. Dean Mori, San Francisco, Calif.

Burch E. Green, 10790 Bellagio Road, Los Angeles, Calif.

George Hageman, Nada Oak Creek, Colo.

Strutz, Jansonius & Fleck, attorneys at law, First National Bank Building, Bismarck, N. Dak.

William A. White, department commander, American Legion of California, San Francisco, Calif.

George Dunton, Santa Ana, Calif.

Phil Paige, president, Petaluma Young Republicans, San Francisco, Calif.

Ruth and J. F. O'Connor, 9317 Flicker Way, Los Angeles 46, Calif.

Mrs. C. E. Juergens, San Francisco, Calif.

Ray G. Hirsch, 3800 West Oak Street, Burbank, Calif.

Mrs. Marjorie Wadell, 1155 Sanborn Avenue, Los Angeles, Calif.

Edward K. Johnstone, Keokuk Savings Bank & Trust Co., Keokuk, Iowa

E. Carroll Taber, Taber Lumber Co., Keokuk, Iowa

E. A. Ebersole, 1011 Rand Park Terrace, Keokuk, Iowa

Mrs. John P. Lew, 22 Rocky Wood Road, Manhasset, N. Y.

G. E. Humes, Keokuk, Iowa

Also favors S. J. Res. 43.

+Also favors Senate Joint Resolution 43.

Mrs. A. S. Fairchild, Spokane, Wash.

Mrs. C. E. McIntyre, West 504 19th Street, Spokane, Wash.

I. C. Kilmer, 1006 North M Street, Tacoma 3, Wash.

Mrs. E. C. Schindler, 3605 South K, Tacoma, Wash.

Mrs. Edward S. Peer, 1675 Ard Eevin Avenue, Glendale 2, Calif.

Virginia Mount, 7127 Interlachen Drive, SW, Tacoma 7, Wash.

Mr. Clifford M. Tuck, president, Athens Optimist Club, Athens, Ga.

Mrs. Jack Ponder, secretary, Pro-America El Paso Chapter, 4712 Banner Street, El Paso, Tex.

Mrs. Elizabeth B. Mader, 5201⁄2 North Yohemia Avenue, Tacoma 3, Wash.

Mrs. J. F. Schlafly, Jr., 1212 Callahan Drive, Alton, Ill.

Mrs. George A. Hansen, secretary, Eugene, Oreg., Freedom Club, 55 Sandy Drive, Eugene, Ore.

Dr. and Mrs. Martin, 3709 Potomac, Dallas, Tex.

Mrs. Joseph J. Pausner, president, California Chapter Pro-America, 151 Second Avenue, room 228, San Mateo, Calif.

Mr. George A. McKinney, 320 Easton Street, Alton, Ill.

Willoughby A. Colby, 39 North Main Street, Concord, N. H.

W. Carloss Morris, Jr., Stewart, Burgess & Morris, Guaranty Building, Houston 2, Tex.

Thomas B. Jackson, 1601 Kanawha Valley Building, Charleston 22, W. Va.

Mrs. R. V. Lee and Mrs. Hallie Kendall, Charleston, W. Va.

Mrs. Helen Bradshaw, Bakersfield, Calif.

Roy K. Dietrich, attorney, 1001 Dwight Building, Kansas City 6, Mo.

S. B. Campbell, attorney, Wytheville, Va.

John M. Murrell, 550 Brickell Avenue, Miami 32, Fla.

Herbert G. Nilles, attorney, 504 Black Building, Fargo, N. Dak.
Ronald B. Smith, 15 Westminster Street, Providence 3. R. I.

UNFAVORABLE

Samuel Anatole Lourie, 15 Broad Street, New York

Rose P. Parsons, 149 East 73d Street, New York
Edmund L. Palmieri, 515 Madison Avenue, New York

Vera Berry, 1305 Madison Avenue, New York

Marjorie Taylor, 1150 Fifth Avenue, New York

Mrs. Dewitt Stetten, 850 Park Avenue, New York 21, N. Y.

L. H. Pink, Citizens Conference on International Economic Union, 80 Lexington, New York 16, N. Y.

Mrs. Bruce J. Miller, 54 Furehauf Avenue, Snyder 21, N. Y.

George D. Hornstein, chairman, Committee on Federal Legislation, New York County Lawyers Association, New York

Dorothy Kenyon, New York, N. Y.

Seymour B. Quel, 411 West 114th Street, New York 25, N. Y.

Robert E. Murphy, et al, Levingston Shipbuilding Co., Post Office Box 411, Orange, Tex.

Bethuel M. Webster, 15 rBoad Street, New York 5

Mrs. Harrison Thomas, 46 Richards Road, Port Washington, N. Y.

Mrs. Robert F. Brooks, 408 Turner, Columbia, Mo.

Mrs. John R. Barnard, 1 El Capitan, Mill Valley, Calif.

Yale Maxon, 8178 Terrace Drive, El Cerrito, Calif.
Hugh E. Willis, 836 Sheridan Road, Bloomington, Ind.
William M. and Mabel S. Kantor, 1254 Steele Road, Havertown, Pa.
E. A. Edwards, 333 East 41st Street, New York 17, N. Y.
Letha S. Allen, 1348 Dartmouth Avenue, Baltimore 14, Md.
Harry S. Barger, 318 Shoreham Building, Washington, D. C.
Arthur Dunn, lawyer, 12 East 41st Street, New York 17
Ruth Fairman, Phelps, N. Y.

Carl A. Ross, 341 North Wabash Avenue, Glendora, Calif.
Mrs. Charles F. Brooks, 1793 Canton Avenue, Milton 86, Mass.

UNFAVORABLE TO SENATE JOINT RESOLUTION 1

Edward K. Mosenthal, 70 Pine Street, New York, N. Y.
Thorold J. Deyrup, 70 Pine Street, New York, N. Y.

L. R. Burnham, executive director, Burnham's Van Service, 1636 Second Street,
Columbus, Ga.

Jerry Voorhis, executive director, the Cooperative League of the United States of America, 343 South Dearborn Street, Chicago 4, Ill.

Mr. HOLMAN. Mr. Chairman, with Mr. Schweppe's consent, unfortunately I have to take a plane leaving here this morning. Mr. Schweppe is taking a plane later. I would like to put my statement in, with his consent, if he will withdraw.

The CHAIRMAN. Surely.

Mr. SMITHEY. If Mr. Holman is going to appear now, I would like to introduce at this time a letter and ask that it be received, from Mr. Joseph D. Stecher, who is secretary of the American Bar Association, and who I understand has acted in that capacity for many years, on the subject of the report submitted at Chicago by several individuals as the report of the section on international and comparative law. There is some confusion in the record on that point. I think this might help to clarify it.

The CHAIRMAN. Let it be filed. (The document follows.)

Hon. WILLIAM LANGER,

Chairman, Committee on the Judiciary,

United States Senate,

AMERICAN BAR ASSOCIATION,
Chicago 10, Ill., March 26, 1953.

Senate Office Building, Washington, D. C.

DEAR SENATOR LANGER: I acknowledge receipt of your letter of March 20 inquiring as to the status of a report submitted on behalf of the section of international and comparative law at the February 1953 meeting of the house of delegates of the American Bar Association, dealing with Senate Joint Resolution 1, the so-called Bricker resolution. My reply thereto has been delayed by reason of the fact that your letter was addressed to me at the headquarters office of the association in Chicago and has been forwarded to me in Toledo, where I am engaged in the practice of law. In the meantime, both Mr. Frank E. Holman and Mr. Lyman M. Tondel, Jr., chairman of the section involved, have communicated with me about this matter.

I am not surprised that confusion exists as to the status of this so-called section report and I shall do my best to clarify the situation. The report was not submitted to nor approved by the members of the section of international and comparative law, but was prepared by certain members of the council of the section who were present in Chicago. I am advised by the chairman of the section that the report had the approval of a majority of the 12 members of the section council.

When the report was presented in the house of delegates, a point of order was made that it was improper for the house to receive it, since it did not in fact constitute a report of the section. The point of order was overruled by the chairman of the house for the reason that the report contained no resolutions or recommendations and sought no action by the house of delegates. The chairman of the house further stated, in announcing his ruling, that the report was in no way binding on the house. A motion was then adopted that the report be received and filed but that nothing therein contained shall be considered as the action of the American Bar Association.

The constitution and bylaws of this association contain no provision authorizing the submission of reports to the house of delegates by section councils and I personally doubt whether the general supervisory authority and control of the affairs of a section vested in its council by the section bylaws authorizes the council to commit the section to a declaration of policy without a vote of the section members. Furthermore, article XII, section 2 of the bylaws of the association specifically provides:

"No report, recommendation, or other action of any section or committee thereof, or of any committee of the association, shall be considered as the action of the association unless and until it shall have been approved or authorized by the house of delegates or by the board of governors. Any printed material containing any report, recommendation, or proposal circulated by any section or committee thereof or by any committee of the association shall have clearly indicated thereon that the same does not represent the view or action of the association, unless the house of delegates or the board of governors shall have taken approving action with respect thereto."