The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1953-05-01

a loophole in the Constitution which the Bricker
Amendment seeks TO plug
The CONS" maintain that the supreme court DOES
have the right to pass the constitutionality of
treaties. although they admit the court never has
used this power
They also point out that the consent of two-thirds
of the senate is necessary, according TO the Constu
ton, to rafy every treaty Hence if is unlikely that
unconstitutional treaties may be inflicted upon the
American people, since the members of both the
executive branch and the senate to defend
the Constitution and there is also the opportunity
for review by the supreme court
Section 2 of the Bricker proposal states that no
treaty shall permit foreign power lnternation-
al agency to adjudcate the rights of American cit
zens within the United States. The pros" claim
that such an enactment is needed TO prohibit such
International bodies the United Nations from con
vcting citizens of acts that may be considered
criminal under UN statutes but are not crimes un-
der American law.
The ICONS" maintain that such a restrictive
enactment would render impossible any future plan
for the international control of atomic energy Amer
leans, as well other friends of world peace. have
recognized that unless atomic energy plants all over
the world are opened for inspection by agents of
some International authority, no practical plan *0r
neutralizing this horrible weapon is possible.
Section provides that no treaty shall automat-
icaIly become law in the United States. Treaty pro-
visions may become effective only after enabling
(confirming) legislation shall have been enacted by
the United States congress
The pros" deem this needed safeguard against
"sefeXeeutins' treaties. They say that the United
States is one of only few nations that still permit
treaty to become part of the supreme law of the
land Immediately upon IFS having been ratified.
The ICONS" answer that this proposal is unnee
essary, since the senate under present provisions
may now. If il 50 desires attach clause requiring
congressional LEGISLATION TO mnlement any treaty.
as condition of ratification. In other words. the
-afF,
ing treaties.
Section of Senator Bricker's proposal would
drastically limit the use of presidential agreements
II would practically bring executive dsagreements
made by the president alone with foreign govern
ments under the same regulations now control
formal treaties.
The proponents claim this will prevent this ma
tons assuming international obligations by secret
agreements like the iniquous example Of Yalta
and Potsdam.
The ICONS" feel that this would result in dan
gerous curtailment of the chief executives ability
to deal effectively in the field of foreign policy.
They claim the proposal would be unconStu
tional intrusion upon the presidents acknowledged
responsibility for the conduct of international re-
lations
The foregoing is a very brief summary of some
of the issues involved The only conclusion that
seems warranted TO us is that il is knotty and inn
mensely important question. We are not prepared
10 take sides We believe that partisan snap Judgment
at this stage of the debate would be reckless and
irresponsible We hope TO present further nfor
nation the question Guest editorial from the
Michigan Catholic.