CONTENTS Statement of- Page Hon. John W. Bricker, a United States Senator from the State of Ohio. 11 17 EXHIBITS Copy of the bill Senate Joint Resolution 3.. Letter dated January 20, 1958, addressed to Hon. James O. Eastland from Lawrence E. Walsh, Deputy Attorney General, Department of Justice___ Letter dated August 26, 1957, addressed to Hon. James O. Eastland from John S. Hoghland II, Acting Assistant Secretary for Congressional Relations, Department of State.. Letter dated December 11, 1957, addressed to Hon. James O. Eastland from Supplementary statement of Hon. Thomas C. Hennings, Jr.. Letter dated July 8, 1957, addressed to Hon. Estes Kefauver from Hon. United States District Court for the District of Columbia, decision of Judge Joseph C. McGarraghy re William S. Girard v. Charles E. Wilson, et al__ Senate Report No. 1716 to accompany Senate Joint Resolution 1... Senate Report No. 1716, part 2, to accompany Senate Joint Resolution 1.. Supreme Court of the United States, Nos. 701 and 713, October term, 1955, Reid v. Covert; Kinsella v. Krueger.. United States Court of Appeals for the District of Columbia Circuit, No. 13652, Power Authority of the State of New York v. Federal Power The Bricker Amendment-Views of Deans and Professors of Law, printed by the Committee for Defense of the Constitution by Preserving the Treaty Power, submitted by Hon. Thomas C. Hennings, Jr.-. Report on the 1957 Bricker amendment printed by the Association of the Bar of the City of New York, submitted by Hon. Thomas C. Hennings, Persons who testified on prior versions of the Bricker amendment.. The Bricker amendment, a statement by Hon. Alexander Wiley as printed in the Congressional Record dated June 14, 1957, submitted by Hon. An article, A Simple Remedy for the Brickerites' Concern, by Arthur Krock, which appeared in the New York Times June 18, 1957, submitted by Statement and views regarding constitutional amendment relative to treaties and executive agreements, by Frank E. Holman, past president, American Bar Association, submitted by Hon. John W. Bricker-- Statement of George F. Lull, M. D., secretary and general manager, American Medical Association, submitted by Hon. John W. Bricker... - Statement of William L. McGrath, president, the Williamson Co., Cin- Report of the American Bar Association Standing Committee o Law Through United Nations, dated July 1, 1957, submit Statement in support of the Bricker amendment, by Georg vice chairman, American Bar Association standing commit American Federation of Labor and Congress of Industrial Or statement submitted by Andrew J. Biemiller, director, dej American Legion, letter submitted by Miles D. Kennedy, dire Association of American Physicians and Surgeons, Inc., stat mitted by Cyrus W. Anderson, M. D., president... Backus, Dana C., Esq., statement of.. Call, Judge Joseph L., Superior Court, Los Angeles, Calif., sta Deutsch, Eberhard P., Esq., statement of __ Duncan, John V., Esq., statement of. Fordham, Jefferson B., dean of the Law School, University of Pe Freeman, Harrop A., professor of law, Cornell Law School, sta Kelley, R. H., Esq., statement of... League of Women Voters, letter submitted by Mrs. John G. Lee Long Island General Assembly, Fourth Degree, Knights of statement submitted by James F. Morgan and H. Joseph M Minnesota Committee Opposing the Bricker Amendment, stat mitted by Charles H. McLaughlin, department of politi National Association of Pro America, statement submitted b National Society, Daughters of the American Revolution, stat mitted by Mrs. Ray L. Erb, chairman, national defense com National Society for Constitutional Security, Chapter I, stat National Sojourners, Inc., statement submitted by John G. Vo Perlman, Philip B., Esq., statement of__ Rambaut, Mrs. Thomas D., statement of St. Louis Bar Association, report of the committee on Fede Veterans of Foreign Wars of the United States, statement sul Omar B. Ketchum, director, national legislative service.. Vigilant Women for the Bricker Amendment, statement submitt Webster, Bethuel M., Esq., letter of Wright, Quincy, statement of, enclosing reprint from Indiana La Treaties as Law in National Courts with Especial Reference to TREATIES AND EXECUTIVE AGREEMENTS TUESDAY, JUNE 25, 1957 UNITED STATES SENATE, SUBCOMMITTEE ON CONSTITUTIONAL AMENDMENTS Washington, D. C. The subcommittee met, pursuant to call, at 10 a. m., in room 424, Senate Office Building, Senator Estes Kefauver (chairman of the subcommittee) presiding. Present: Senators Kefauver, Hennings, and Dirksen. Also present: Senator John W. Bricker, of Ohio, and Wayne H. Smithey, subcommittee counsel and member, professional staff, Senate Judiciary Committee. Senator KEFAUVER. The subcommittee will come to order. This is the standing Subcommittee on Constitutional Amendments of the Judiciary Committee, composed of Senators Eastland, Dirksen, Hennings, Langer, and myself as chairman. The notice of the hearing on Senate Joint Resolution 3, proposing an amendment to the Constitution relating to the legal effect of certain treaties and other international agreements, will be placed in the record at this point. (The document is as follows:) [Congressional Record, June 19, 1957] NOTICE OF HEARING ON SENATE JOINT RESOLUTION 3, PROPOSING AN AMENDMENT TO THE CONSTITUTION RELATING TO THE LEGAL EFFECT OF CERTAIN TREATIES AND OTHER INTERNATIONAL AGREEMENTS Mr. KEFAUVER. Mr. President, on behalf of the Subcommittee on Constitutional Amendments of the Committee on the Judiciary, I desire to give notice that a public hearing has been scheduled for Tuesday, June 25, 1957, at 10 a. m., in room 424, Senate Office Building, on Senate Joint Resolution 3, proposing an amendment to the Constitution of the United States, relating to the legal effect of certain treaties and other international agreements. Two witnesses, Senator Bricker, of Ohio, and Senator Hennings, of Missouri, will be heard. Others desiring to express their views should submit statements to the subcommittee for inclusion in the record. This procedure has been adopted since extensive hearings on the same subject matter were conducted in the 82d, 83d, and 84th Congresses. The subcommittee consists of myself, chairman, the Senator from Missouri, Mr. Hennings, the Senator from Mississippi, Mr. Eastland, the Senator from North Dakota, Mr. Langer, and the Senator from Illinois, Mr. Dirksen. Senator KEFAUVER. Without objection, the joint resolution that we are considering today, Senate Joint Resolution 3, will be printed in the record at this point. 1 (S. J. Res. 3 is as follows:) [S. J. Res. 3, 85th Cong., 1st sess.] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to the legal effect of certain treaties and other international 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 or other international agreement not made in pursuance to this Constitution shall have no force or effect. This section shall not apply to treaties made prior to the effective date of this Constitution. "SEC. 2. A treaty or other international agreement shall have legislative effect within the United States as a law thereof only through legislation, except to the extent that the Senate shall provide affirmatively, in its resolution advising and consenting to a treaty, that the treaty shall have legislative effect. "SEC. 3. An international agreement other than a treaty shall have legislative effect within the United States as a law thereof only through legislation valid in the absence of such an international agreement. "SEC. 4. On the question of advising and consenting to a treaty, the vote shall be determined by yeas and nays, and the names of the Senators voting for and against shall be entered on the Journal of the Senate." Senator KEFAUVER. Without objection, the two previous reports in the 84th Congress on similar resolutions together with the minority views will be printed in the appendix of the record. We will also have printed in the appendix of the record the list of people and organizations they represented who either testified or submitted statements for or against the previous resolutions. The Chairman has asked Mr. Smithey to write the witnesses who testified in the 84th Congress on Senate Joint Resolution 3, sending them a copy of the present resolution to inquire of them if they wished to make any supplemental statement, and such statements will be printed in this present record. Mr. BOLTON-SMITH. Mr. Chairman, I have a message from Senator Wiley that he is very sorry he has to be at the Foreign Relations Committee this morning. However, if the committee is going to give any extended consideration to this matter, that he would like to appear and present some witnesses. Senator KEFAUVER. It was the hope of the chairman that we would not have to cover the same ground we covered in the last three Congresses. We had extended hearings. Of course any Senator who wishes to appear will be heard, but suppose I consult with Senator Wiley after the hearing today and we will see what we can do. Senator HENNINGS. Mr. Chairman, I was about to suggest that after the testimony of Senator Bricker this morning, that the committee may meet and determine to what extent hearings may be protracted or prolonged, and that thereupon we may determine whether to hear witnesses. |