Treaties and Executive Agreements: 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 the United States Relating to the Legal Effect of Certain Treaties and Other International Agreements. June 25, 1957
U.S. Government Printing Office, 1958 - 480 էջ
Considers constitutional amendment to require treaties or agreements to be ratified by the Senate and to be implemented by enabling legislation. a. Curtis Reid v. Clarice B. Covert, Supreme Court documents regarding decision on civilian trial versus court-martial for civilian murderer of military officer, June 10, 1957 (p. 85-174). b. Power Authority of the State of New York v. FPC, DC Court of Appeals decision on Niagara River power project construction license, June 20, 1957 (p. 175-203). c. "Bricker Amendment: Views of Deans and Professors of Law" by Committee for Defense of Constitution (p. 206-407). Includes the following documents.
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action adopted affairs agree American apply approved armed Association authority become believe Bricker Amendment citizens civilian clause clear Committee Committee for Defense concern Congress consent Constitution constitutional amendment course dangerous deal Dean Dear December decision Dirksen domestic effect executive agreements exercise existing expressed fact Federal force Fordham foreign give given Government hearings held intended internal law international agreement interpretation involved issue January Judiciary jurisdiction jury Justice land language Law School legislation letter limitation matter meaning ment military necessary objectives officer opinion opposed Pennsylvania persons Philadelphia position present President Professor of Law proper proposed proposed amendment protection provision question ratification reason referred regard relations require reservation respect rule SCHOOL OF LAW Secretary seems Senator Bricker Sincerely statement statute Street Supreme Court tion treaty power trial United UNIVERSITY valid views vote York
Էջ 29 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts is alterable when the Legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law; if the latter part be true, then written Constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Էջ 24 - ... anticipate a question of constitutional law in advance of the necessity of deciding it; the other never to formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.
Էջ 451 - Acts of Congress are the supreme law of the land only when made in pursuance of the Constitution, while treaties are declared to be so when made under the authority of the United States. It is open to question whether the authority of the United States means more than the formal acts prescribed to make the convention.
Էջ 32 - If the State having the primary right decides not to exercise jurisdiction, it shall notify the authorities of the other State as soon as practicable. The authorities of the State having the primary right shall give sympathetic consideration to a request from the authorities of the other State for a waiver of its right in cases where the other State considers such waiver to be of particular importance".
Էջ 164 - All retainers to the camp and all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States...
Էջ 143 - China having expressed a strong desire to reform her judicial system and to bring it into accord with that of Western nations, Great Britain...
Էջ 55 - ... for claiming that power. They might urge with a semblance of reason that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication that a power to prescribe proper regulations concerning it was intended to be vested in the national government.
Էջ 30 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.