Evening star. [volume] (Washington, D.C.) 1854-1972, 1953-07-14
The Political Min
Bricker Proposal Aims
At Safeguarding Law
Wide Divergence Of Opinion
Debates Amendment PIun
By Gould Lincoln

The controversial Bricker amendment
to the Constitution limiting the treaty
making powers of the President APP
parently stands small chance of getting
through Congress at the present seS-
sion unless its language is changed to
meet the ideas of President Eisenhower.
The amendment, which was presented
by Senator Bricker, Republican, of Ohio
at the opening of the SD Congress, has
been holly debated. both in the Senate
and outside. Lined up in support are
many leading lawyers and some Of the
patriotic organizations Of the country.
Opposed are other widely known lawyers
and powerful organizations. An indi-
cation of the wide divergence of opinion
lies in the fact that the Committee on
Peace and Law Through the United
Nations of the American Bar ASSocia-
ton is Strenuously supporting the
amendment, while the Section on Inter-
national and Comparative Law, also Of
the ABA, is in violent opposition.
Four Sections.
Here is what the resolution proposing
the amendment says:
Section /. A provision of a treaty
which conflicts with this Constitution
(of the United States) shall not be Of
any force or effect.
Section 2. A treaty shall become
effective as internal law in the United
States only through legislation which
would be valid in the absence of treaty.
Section 3. Congress shall have pow
er to regulate all executive and other
agreements with any foreign power or
international organization. All such
agreements shall be subject to the limi-
tations imposed on treaties by this
article.
Section 4. The Congress shall have
power to enforce this article by appro-
pirate legislation"
Senator Bricker and the supporters
of his resolution say they are aiming
not at the treaty-making powers Of the
President but at the kind of treaties
which can be made. Some Of the pro-
ponents insist that the proposed
amendment is as important to Ameri-
cans as the Bill of Rights. They say
that international treaties or agree
ments may be entered into which in
wade the field of domestic legislation.
and indeed, override American law.
They call attention specifically to U. N.
and foreign treaty powers. They warn
that unless this check is provided, there
will be progress toward world govern.
mept.
The opponents Of the amendment
and they are many-say these fears
are idle; that in the first place the
President of the United States, sworn to
uphold the Constitution. is not going to
enter into any agreement which tends
to break down the Constitution. They
add that two-thirds of the Senate. re-
quired to ratify a treaty, is not likely
to vote for any international agreement
which would do violence to the laws
of the United States or of the individual
States.
Curb on President Seen.
Moreover, the opponents of the
amendment point out that if it should
be adopted it will restrict the President
in the conduct of foreign affairs at
time when United States leadership in
the international field is vital.
The Bricker resolution has been
sponsored by "a Senators-two-thirds
of the Senate membership. 1t is re-
ported, however, that some of these
Senators will not now vote for the
amendment unless it is further modi-
fed. The Republican Policy Committee
of the Senate is still considering what
to do about the matter; whether to give
the resolution place on the program
at this session. 1t plans to hear Sena-
tor Bricker, Attorney General Brownell
and Secretary of State Dulles before it
reaches a decision.
Gen. Eisenhower has indicated he
might support constitutional amend
ment setting forth that no treaty with
a foreign power can Supersede United
States law While the lawyers argue
for and against the amendment as it
has now been reported by the Senate
Judiciary Committee, the opponents Of
the resolution say that the adoption OF
the amendment would be to take the
United States back to "isolationism.'
and the supporters contend that with
out the amendment. the United States
is in danger OF having international
agreements. obnoxious to some Of the
States, thrust down its throat.