Evening star. [volume] (Washington, D.C.) 1854-1972, 1952-12-19
Plan 10 Limit Treaties
Favored, 81, by New
Lawmakers in Survey
by the Associated Press

by the Associated Press
A far-reaching, possibly his
toric move to limit the scope OF
United States treaties attracted
strong support today from in
coming congressman throughout
the country.
Lawmakers replying to an AS
ISOLATED Press survey went on
record 8 to as favoring a move
by Senator Bricker, Republican,
of Ohio to amend the Constitu-
ton so as to prohibit the United
States from entering into bind
ing international agreements in
such fields as human freedoms
and social and economic rights.
Supporters agree enthusiastically
that some such a restoration is
needed to insure against q yield
ing away of American rights; foes
say the amendment would just
delay and hamstring international
cooperation and the conduct Of
foreign affairs by the United
States.
Calls 1t internal Matter"
Senator Bricker's argument is
that the field of human freedoms
and social rights is an internal
matter which should be governed
only by domestic law-by the
Constitution itself. and by State
and Federal laws passed under
the Constitution.
Although the Ohio Senator con-
cedes no treaties signed so far
have regulated domestic rights Of
Americans, he insists that treaties
now pending before the United
Nations-if finally ratified by the
United States-would restrict free
dom of the press, freedom OF
speech, trial by jury and other
rights guaranteed in the Ameri-
can Constitution.
He says he fears there is a
strong new fashion in interna-
tional law departing from his
concept that the founding fathers
intended treaties to deal only with
relations between nations. and not
with domestic affairs.
Question of Supremacy Posed.
If his Interpretation is right
If some day a treaty did conflict
with rights guaranteed by the
United States Constitution-Whlch
would be the supreme law?
Senator Bricker insists the Con-
stitution itself isn't clear on this
point. Legal experts differ on it.
So the Ohio Senator wants to
write into the Constitution a clear
cut statement that the domestic
rights and freedoms OF United
States citizens are governed only
by United States laws and cannot
be regulated or limited or Defined
In any way by international agree
mentS.
The language of his proposed
amendment drew fire from the
State and Justice Departments in
the last session of Congress on
two grounds:
/. The proposal would erect a
barrier of undue delay and re-
striction in international CO.
operation and the conduct OF
foreign affairs by the United
States.
2. The amendment is not neces-
Sary, because if a treaty ever
conflicted with the Constitution
the Supreme Court would hold
the Constitution is supreme ana
that section Of the treaty would
be invalidated.
Some Express Doubt.
An Associated Press survey OF
opinions among incoming Con-
eressmen showed overwhelming
sentiment in favor Of the principle
of the Bricker proposal. but some
doubt about the language and
lust how far it should go in re-
stricting treaty-making powers.
Senator Bricker is rewriting ms
proposed amendment and promises
to make it his top order OF ouSl-
ness in the new Congress, con-
vening January 3.
In the survey. Senators and
Representatives throughout the
country were asked, do you be-
lieve the Constitution should be
amended along the lines Of the
Bricker resolution to specify that
treaties may never take prece-
dence over rights and guarantees
IN the Constitution"
Ninety-seven House members
definitely replied yes. and Al were
inclined favorably-a total Of 1873
Only five said no and 10 others
were inclined toward opposition,
q total Of $40 Democrats and
five Republicans.
In the Senate, SO Senators
sponsored the resolution in the
last session. Thirty-four indicated
support in the survey, and five
all Democrats-indicat oppoSi-
ton.
Many Laud Idea.
Replies from supporters in
cluded many comments such as
absolutely =. very definitely
Fundamentally -. highly
essential" II
Replies from So Representatives
and II Senators did not show
sentiment either way. The re-
manning 270 new Congress men,
bers could not be reached or did
not respond.
In addition to limiting the scope
of treaties, which must be ap-
proved by the Senate, the Bricker
proposal also seeks to restrict in
ternational agreements entered by
the United States President o.
State department outside the for
NAL treaty process.
-