In conclusion, the American Civil Liberties Union stands opposed to Senate t Resolution 1 because in view of the existing law, such an amendment to - Constitution is unnecessary. Further, such an amendment would hamper eforts to extend the spirit of our civil liberties beyond our national borders var struggle against Communist totalitarianism. NATIONAL SOJOURNERS, INC., WILLIAM LANGER, February 19, 1953. Chairman, Committee on the Judiciary, United States Senate. DAR SENATOR LANGER: In connection with the hearings being held by the tee on the Judiciary Subcommittee on Constitutional Amendments, with t to Senate Joint Resolution No. 1, proposing an amendment to the titation relative to treaties and executive agreements, this organization, Lai Sojourners, Inc., desires to submit a brief statement setting forth the rest and position of its membership concerning the important matters inonal Sojourners, Inc., composed of more than 197 chapters distributed hout the United States and its possessions, and at certain other places 4. is an organization of Master Masons who are citizens of the United Ps and who are now serving or who have served as commissioned or warrant s of the United States, or of an Allied country in time of war. uz the purposes of National Sojourners are the development of true is and Americanism throughout the Nation and the opposing of any ere whatsoever calculated to weaken the national security. Based upon purposes, there was adopted by National Sojourners at the 32d annual dron, at Baltimore, Md., on May 23, 1952, a resolution, copy of which is ted, supporting a constitutional amendment regarding treaties and execuZeements and endorsing the principle of Senate Joint Resolution No. 130, Carss, 2d session, the forerunner of the resolution (S. J. Res. 1) now consideration by your subcommittee. : the reasons indicated in the attached resolution of National Sojourners, anization strongly supports amending the Constitution so that treaties Rafect individual rights or infringe upon the Constitution or other domestic of the United States or of any State shall not become the supreme law of > and unless duly implemented by act of Congress; that no law impleng a treaty may be passed by the Congress which would, in the absence h treaty, be unconstitutional; that a provision of a treaty which conflicts any provision of the Constitution shall not be of any force or effect; and o change in our form of government may be made by the device of treaty National Sojourners, having in mind the vital importance of this matter to tional interest and to the continued well-being of our people, favors the -n of a resolution having the general objectives of Senate Resolution No. modifications in conformity with the principles stated above, and urges ↑ «zbeommittee to recommend necessary action looking to the adoption of an dment to the Constitution which will accomplish the purposes and prinIndicated. ly I respectfully request that your subcommittee give favorable consideration foregoing and the enclosed resolution of National Sojourners, and that ter and the enclosure be placed in the records of the hearings now being the subcommittee. Sincerely yours, MERRITT B. CURTIS, UTION NO. 7-ADOPTED BY NATIONAL SOJOURNERS, INC., AT THE 32D ANNUAL CONVENTION, BALTIMORE, MD., MAY 23, 1952 LUTION SUPPORTING CONSTITUTIONAL AMENDMENT REGARDING TREATIES AND EXECUTIVE AGREEMENTS as there was introduced in the Senate of the United States on February by Senator Bricker, of Ohio, with 58 other Senators as sponsors, a joint on (S. J. Res. 130) proposing an amendment to the Constitution of the States to prevent treaties and executive agreements from being used to 372-53-19 abridge individual rights and undermine the sovereignty of the United State and to prevent such treaties and agreements from destroying the Constitution and Whereas the Constitution of the United States provides in article VI, clause that treaties made in accordance with its provisions shall be the supreme la of the land; and Whereas the effect of treaties thus ratified could be to override our Constit tion, Federal statutes, State constitutions, and State laws when such treatie might not have that intended purpose; and Whereas the effect of such treaties as thus ratified could result in the destru tion of life, liberty, or property as protected by our Constitution, State constitu tions, and the laws made under them; and Whereas there was adopted at the annual convention of National Sojourner at St. Louis, Mo., in May 1951, a resolution favoring adoption of a constitutiona amendment to safeguard against such use of treaties: Now, therefore, be it Resolved by National Sojourners, Inc., assembled in the 32d annual convention at Baltimore, Md., on May 23, 1952, That this organization strongly reaffirms it position, set forth by resolution adopted at its annual convention at St. Loui: Mo., in May 1951, that the Constitution of the United States should be amende so as to provide that treaties which affect individual rights or infringe upon alter the Constitution or other domestic law of the United States or of any Stat shall not become the supreme law of the land unless duly implemented by act o Congress; that no law implementing a treaty may be passed by the Congres which would, in the absence of such treaty, be unconstitutional; and that n change in our form of government may be made by the device of treaty ratifica tion; and be it further Resolved, That this organization endorses the principle of the joint resolutio (S. J. Res. 130), introduced in the United States Senate by Senator Bricker, an that we urge the Judiciary Committee of the U. S. Senate to take early actio thereon; and be it further Resolved, That the national president of National Sojourners be directed t request the chapters and individual sojourners in the States of the Senators wh have sponsored Senator Bricker's resolution, to communicate to their Senator their approbation of the patriotic action taken by them and to urge them to pres for final adoption of an amendment to the Constitution which will accomplish th purposes of the resolution they have sponsored; and also to request chapters an individual members of National Sojourners to urge all other Senators and th Representatives in Congress to support the adoption of such a constitutiona amendment; and be it further Resolved, That this body reaffirms the position of National Sojourners, adopte at the annual convention at St. Louis, in May 1951, that, until the foregoin steps, or equally acceptable safeguards, are adopted to prevent the destructio or infringement of our Constitution and liberties through government by treat: the Senate of the United States should summarily reject any treaty which ma be construed as invading our domestic law or as containing restrictions upon c derogations of our rights as free Americans; and be it further Resolved, That the national president of National Sojourners be directed t cause copies of this resolution to be transmitted to the President of the Unite States, the President of the United States Senate, the Speaker of the Unite States House of Representatives, the Secretary of State, and the appropriat committees of the Congress, with the recommendation that the Congress adop necessary steps looking to an amendment of the Constitution as herein propose and that the Members of the United States Senate, in acting upon the ratificatio of any proposed treaty, conform to the principle set forth in the preceding para graph of this resolution. NATIONAL FOREIGN TRADE COUNCIL, INC., Hon. WILLIAM LANGER, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. MY DEAR SENATOR LANGER: Reference is made to the proposed hearings o Senate Joint Resolution 1 proposing an amendment to the Constitution relativ to the making of treaties and executive agreements. In this connection, you attention is invited to the final declaration of the 39th National Foreign Trad Convention held in New York, November 17-19, 1952, concerning treaties tendship, commerce, and economic development, the text of which follows: The convention believes that the implementation of a consistent American feign economic policy requires an exchange of commitments between the United States Government and friendly foreign governments designed to promote and afeguard the interests of their respective nationals, especially their interests is traders and investors. The convention urges that such commitments be Potiated and concluded as treaties of friendship, commerce, and economic develent, so that the guaranties afforded may be explicit and definitive, and fective for a substantial period. The convention believes that the provisions of the United States Constitution, strasting the initiative in diplomatic matters to the Executive, but subjecting treaty engagements to review and ratification by the Senate, are well conved and appropriate to our form of government. It holds that no proper se has been made for a change in the treatymaking procedure. The convention recognizes that the President has power to enter into execu"Te agreements with foreign governments, affecting matters within the scope of his proper functions, including those entrusted to him by specific act of gress. The convention is deeply concerned, however, by the fact that many of the governmental commitments entered into, in the form of executive agreenets, are not within the recognized scope of the Executive function, or in formity with congressional intent. The convention calls upon the Senate * preserve jealously its prerogative of advice and consent on any foreign comtments, which, by their nature, are the equivalent of treaties as intended the Constitution; and it calls upon Congress to scrutinize, equally jealously, > engagements entered into by any Government agency to assure that the eria enjoined by Congress are met." It is requested that this letter be made part of the record of the hearings of →Committee on the Judiciary concerning Senate Joint Resolution 1. Very truly yours, WILLIAM S. SWINGLE, President. Senator DIRKSEN. The first witness this morning is Mr. Ray Murphy f the American Legion. Mr. Murphy? STATEMENT OF MILES D. KENNEDY, DIRECTOR, NATIONAL LEGISLATIVE COMMISSION, THE AMERICAN LEGION, WASHINGTON, D. C. Senator DIRKSEN. Let me ask you at the outset, is this a lengthy Ratement that you have? The only reason for the inquiry is we have a of eight witnesses and I am wondering to what extent we probably dispose of the witness calendar this morning. Mr. KENNEDY. I am not Mr. Murphy. Senator DIRKSEN. I know you are not because I know him very well. Mr. KENNEDY. I am Miles D. Kennedy, legislative director of the Lerican Legion. Mr. Murphy asked me to extend his apologies the members of the subcommittee for not being here in person day. It so happens that he is engaged in the trial of a lawsuit in York and he could not get away. I have submitted a number of pies of Mr. Murphy's statement to the clerk of the committee and espectfully ask that the statement be incorporated, on his behalf, in record of the hearings on Senate Joint Resolution 1 in the interest aving time and during his absence. Senator DIRKSEN. Did you want to testify? Mr. KENNEDY. No, sir. I have nothing else that we have to add, to Mr. Murphy's statement. Senator DIRKSEN. Very well, then, Mr. Kennedy, we will note for record your appearance in behalf of Mr. Murphy, and his stateet will be accepted for incorporation in the record. Mr. KENNEDY. Thank you very kindly, sir. (The statement referred to is as follows:) STATEMENT OF RAY MURPHY, NEW YORK CITY, FORMER NATIONAL COMMANDER OF THE AMERICAN LEGION, AND PRESENT CHAIRMAN OF AMERICAN LEGION SPECIAL COMMITTEE ON COVENANT OF HUMAN RIGHTS AND UNITED NATIONS Mr. Chairman and gentlemen of the committee, at the May 1952 meeting of the national executive committee, the American Legion, that committee heard and approved the report of a special committee of the national executive committe to study the Covenant on Human Rights, United Nations. The report of such special committee contained among other matters, the following: "After consideration of the several reports of its committee on peace and law through the United Nations, the house of delegates of the American Bar Associa tion, on February 26, 1952, adopted the following resolution : "1. Resolved, That the American Bar Association recommends to the Congress of the United States for consideration an amendment to the Constitution of the United States in respect of the treatymaking power, reading as follows: ""A provision of a treaty which conflicts with any provision of this Constitution shall not be of any force or effect. A treaty shall become effective as interna law in the United States only through legislation by Congress which it could enact under its delegated powers in the absence of such treaty.' "This special committee after study of the reports of the American Bar As sociation committee, and of many of the cases and documents referred to there in, has reached the firm conclusion that the national executive committee should join with the American Bar Association in recommending to the Congress of the United States for consideration the same suggested amendment to the Constitu tion of the United States in respect to the treatymaking power as has been recommended in the foregoing quoted resolution of the house of delegates of the American Bar Association. It so recommends to the resolutions committee of this meeting and to the national executive committee itself. This special com mittee believes that the adoption of such a resolution at this time is of paramount importance." Since the 82d Congress adjourned without completing action on Senate Join Resolution 130, which was under consideration at the time the above report was presented and approved, the matter was brought before the national convention of the American Legion at New York City, August 25-28, 1952, where the fol lowing declaration of policy was unanimously adopted: "1. The American Legion at its national convention in Miami, Fla., in October 1951 by resolution No. 646, expressed its desire to cooperate with the American Bar Association in its effort to limit the effect of treaties and Government con tracts and pacts with other governments of the world. "2. It is our considered judgment that such a limitation can best be accom plished by an amendment of our American Constitution. Therefore, we favor a amendment of the Constitution of the United States by including therein a stipu lation that no such treaty, contract, or pact with a foreign power, shall eve operate or be construed to adversely affect or diminish, in any way, the rights of any citizen of the United States under the Constitution of the United States.' At this time, a special committee, appointed by the national commander of the American Legion, of which I am chairman, is continuing study not only of the Covenant on Human Rights, but of various other activities of the United Nations Organization. Among other matters, the special committee has studied Senate Joint Resolution 1, now under consideration by this distinguished subcommittee On February 16, 1953, on the authority of the national commander of the American Legion, and the special committee, the chairman of that committed sent to Senator William Langer, chairman of the Senate Committee on the Ju diciary, the following telegram: "Strongly favor principles Senate Joint Resolution 1 and American bar pro posal to limit application of treaties so as to protect fully constitutional right: of United States citizens. Realize language of several proposals varies but be lieve variances can be reconciled to accomplish the common purpose. Conside this matter of transcendent importance." Such telegram represents the views of the national commander and of the American Legion. As thus stated, the American Legion considers it a matter o transcendent importance that the principles of Senate Joint Resolution 1 b approved by the Congress and the people of the United States so that treaty making powers provided by the United States Constitution may not be so use strued as to diminish or jeopardize the rights of United States citizens -umerated and provided for in the Constitution of the United States, or as ved to the people. American Legion is not committed to the exact language of Senate Joint ution 1 or that contained in the amendment proposed by the American Bar station, nor the language of similar proposals before the Committees on the sary of either House. It believes however, that variances in the several pais are matters of language rather than of principle, and that such varies can readily be reconciled to accomplish the common purpose. It respectsuggests to the Senate Committee on the Judiciary and to the proponents of te several resolutions before that committee that, if it has not already been done, cerned therein and favorable thereto meet together and arrive at language wh will express the common purpose, and on which all or a very substantial zber can agree. Wale I realize that the members of our special committee may not have made gand careful study of the principles set forth in Senate Joint Resolution 1 ave the members of your committee, representatives of the American Bar Aation, and others who favor a constitutional amendment of this nature, eve that a fresh look is sometimes very helpful. W that in mind I am offering suggestions for new language which, in our on, would accomplish the intent of the proposals by the American Bar Assoon: by Senator Bricker and other co-sponsoring Senators, and possibly be = ~ acceptable to the parties concerned. These are appended to my statement. We have no pride of authorship and are concerned only with the protection of this country and its citizens. The essential thing is that differences of language econciled, with all possible speed consistent with essential clarity and preciand the ends to be achieved. Time marches on, and will not tarry for the and the dreamer who cannot awake to the reality of the day. We need an Ledment now. We should have it with all possible dispatch. I behalf of the American Legion I wish to state that we have confidence in men.bers of this honored committee. We feel that you will bring forth a tion in words and effect that will be wholly acceptable to our great organin the membership of which has pledged to uphold and defend the Constituof the United States of America. concluding this statement, necessarily brief because of the limited time ad to prepare it, we quote from a State Department publication released in y 1952, by Mr. John M. Cates, Jr., officer in charge of United Nations au Rights and Cultural Affairs, Office of United Nations Economic and **al Affairs, as follows: Esse to all preparations and all negotiations is the view that the United * Constitution is the supreme law of our land; that our own constitutional tis must remain inviolate; and that our Constitution as the guaranty of our * civil liberties, need not and shall not be affected adversely by any internacovenant dealing with human rights." We would go beyond this statement say that treaties shall neither be made or construed so as to affect adversely nstitutional rights of United States citizens, nor should executive agree- be made or permitted which would similarly affect adversely the constiturights of American citizens. The American Legion believes that the issues presented by Senate Joint Reso1, and similar proposals, are of newly found importance because of the pment of international organizations in extent and scope heretofore unWe trust that in furthering the legitimate aspirations of interna11. cooperation, we shall not lose sight of the prior rights of our own people. ا نوره APPENDIX provisions of the Constitution hereinafter set forth are incorporated for pose of orderly presentation. It is realized that such provisions are fully to the subcommittee of the Senate Committee on the Judiciary. ection 2 of article II, pertaining to powers of the President, states: "He shall have power, by and with the advice and consent of the Senate, to treaties, provided two-thirds of the Senators present concur tion 1 of article VI, states: * 7s Constitution, and the laws of the United States which shall be made trance thereof; and all treaties made, or which shall be made under the ty of the United States, shall be the supreme law of the land, and the - in every State shall be bound thereby, anything in the Constitution or f any State to the contrary notwithstanding." |