Evening star., 1953-11-11
Bricker Amendment
AssaiIed by PerIman
As Gripping 10 U. 5.

FalIlp b. Perlman, former
Solicitor General, last night
warned that adoption of the So
called Bricker amendment would
leave the United States crippled
in the future conduct of foreign
affairs"
In a blistering attack on the
proposal to change treaty-mak-
ing procedures, Mr.. Perlman told
a dinner discussion meeting Of
the Institute on World Organ
ization:
"It is an effort to create a real
Fortress America. behind which
we could watch the destruction
of free governments everywhere
and become the last target Of
Communist aggression. without
allies and without hope"
The amendment, introduced
last August by Senator Bricker.
Republican. of Ohio would make
a treaty effective as internal law
only through legislation and
would give Congress the power
to regulate "all executive and
other agreements with any for
eign power or international
organization"
Defended by Finch.
DR.. George A. Finch Of the
Georgetown School of Foreign
Service and a member of the
American Bar Association COM
mittee that helped draft the
amendment, spoke in its favor.
James o. Murdock, professor Of
international law at George
Washington University. sided
with Mr.. Perlman. DR.. George
M. Morris, former president Of
the ABA, acted as chairman Of
the meeting.
Declaring that the Bricker
amendment "does not interfere
with the Presidents conduct of
foreign relations" DR.. Finch as
serted that unless the provisions
are adopted. international or
ganizations would be determining
"how the United States should
treat its own citizens in it's own
territories"
He said the United Nations
Economic and Security Council
has proposed several such
treaties.
DR.. Finch also asserted that
the Bricker proposal would
bar any efforts to circumvent,
through treaties, the 10th
Amendment, which reserves to
the States all those powers not
specifically delegated under the
Constitution.
Warning by Murdock.
DR.. Murdock warned that the
Bricker amendment, if adopted,
would lead to utter demoraliza-
ton in the conduct of foreign
affairs and charged it is isola-
tlonism under a new front.
In a poif1t-by point attack Mr.,
Perlman stated that the first
section Of the proposals, which
declared that a provision of a
treaty conflicting with the Con-
stitution shall not be of any
force or effect, if unnecessary
and dangerous.
1T is unnecessary because it
already is the law-the Consti-
tuition has precedence over all
laws and treaties" the former
Solicitor General said. 1T is
dangerous because it does not
say it is declaratory of existing
law and may lead to interpreta-
tions for hidden meanings"
AS for the section calling for
legislation. Mr.. Perlman said. 1T
is folly to suppose foreign gov
ernments would subject them
selves to the whimS and caprice
OF 48 States" He said three more
steps in treaty-making would be
added: Enactment by the House.
re-enactment by the Senate and
approval by the President-"who
might be different one by that
time"
Mr.. Perlman scoffed at the
fear that "the President and
tWo-thirdS of the Senate may
conspire Ito take away the DOW
a's reserved to the States under
the Constitution.
"The proponents of this
amendment cannot point to a
single abuse of treaty-making
power in our entire history" he
declared. They have no bill of
particulars. If anything. the
Senate has been overcautious"
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