HEARING BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE EIGHTY-FIFTH CONGRESS FIRST SESSION ON S. J. Res. 3 PROPOSING AN AMENDMENT TO THE CONSTITUTION OF TREATIES AND OTHER AGREEMENTS INTERNATIONAL JUNE 25, 1957 Printed for the use of the Committee on the Judiciary 99860 UNITED STATES WASHINGTON: 1958 Dis Depzo SHEEHAN, JAN, 7, 1959 J92 CONTENTS Statement of— Page - Hon. John W. Bricker, a United States Senator from the State of Ohio. 11 17 EXHIBITS Notice of hearing on Senate Joint Resolution 3 as printed in the Congres- 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 Hon. Thomas C. Hennings, Jr... Statement and views regarding constitutional amendment relative to Statement of William L. McGrath, president, the Williamson Co., Cin- Report of the American Bar Association Standing Committee on Peace and Law Through United Nations, dated July 1, 1957, submitted by Hon. Statement in support of the Bricker amendment, by George A. Finch, vice chairman, American Bar Association standing committee on peace and law through United Nations, submitted by Hon. John W. Bricker.... American Federation of Labor and Congress of Industrial Organizations, statement submitted by Andrew J. Biemiller, director, department of American Legion, letter submitted by Miles D. Kennedy, director. American Veterans Committee, statement submitted by Kenneth M. Association of American Physicians and Surgeons, Inc., statement sub- Call, Judge Joseph L., Superior Court, Los Angeles, Calif., statement of.... Freeman, Harrop A., professor of law, Cornell Law School, statement of.. Kelley, R. H., Esq., statement of__ League of Women Voters, letter submitted by Mrs. John G. Lee, president_ Long Island General Assembly, Fourth Degree, Knights of Columbus, statement submitted by James F. Morgan and H. Joseph Mahoney___ Minnesota Committee Opposing the Bricker Amendment, statement sub- mitted by Charles H. McLaughlin, department of political science, National Association of Pro America, statement submitted by Myra C. Hacker, chairman of the committee on foreign affairs_ National Society, Daughters of the American Revolution, statement sub- mitted by Mrs. Ray L. Erb, chairman, national defense committee - - - National Society for Constitutional Security, Chapter I, statement sub- mitted by Geraldine Earlin _ _ _ _ National Sojourners, Inc., statement submitted by John G. Volz, national TREATIES AND EXECUTIVE AGREEMENTS TUESDAY, JUNE 25, 1957 UNITED STATES SENATE, SUBCOMMITTEE ON CONSTITUTIONAL AMENDMENTS 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, 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 |