Evening star., 1954-12-26
New Bricker Battle
Due on President 5
treaty Powers
BY J. A. o'Leory

BY J. A. oLeoy
Another Senate battle over the |
Bricker constitutional amend
ment to curb the Presidents |
streaty-making power may en-
liven the 1855 session Of Con-
gress.
Senator Bricker. Republican,
Of Ohio. Is preparing to REIN
troduce in January the contro-
versiaI proposal. which was
beaten by q narrow margin last
February.
The fight Is almost certain TO
be renewed In the Judiciary
Committee, which must act on
It first. It is too early to ten |
whether that committee viii re-
port 1t to the Senate floor again.
as it did In the last Congress.
Although both parties are di-
lyided over the issue. its revival |
would be particularly trouble
some for the administration,
since President Eisenhower OPP
posed the Bricker plan last year.
G. O. p. Talks u Unity.
With the Democrats about to
take control in both Houses. Re-
publicans are talking more OF
the need for unity in their ranks
when they assume the role Of |
.khe minority.
- The situation In the Senate
has changed In several respects
bfnce the last Bricker debate, and
some Of these factors may make |
Il harder to get the treaty-mak-
ing issue on the agenda for floor |
debate In 1855.
First, the Democrats win de-
eide what to take up and what |
to sidetrack. And the judiciary |
Committee win be headed by
Senator Kilgore. Democrat. Of
West Virginia, who voted against |
even q modified version Of the
Bricker amendment last year.
Senator Kilgore Is avoiding any |
comment on Judiciary Commit |
tee problems until the Democrats
actually take over ten days
hence. But his friends say he
has not changed his mind about
the Bricker amendment.
Two Original Objectives.
As originally proposed the
Bricker amendment had two
main detectives.
/. To declare that treaty
shall become effective as internal
law in the United States only
when followed by legislation to
accomplish that purpose.
2. To empower Congress to
regulate the Presidents power to
make Executive agreements.
which do not now require SEN
ate ratification as treaties, or
Congressional approval.
Adoption of the first point
would mean that after two
thirds Of the Senate had rati-
fed a treaty, 1t still could not
affect internal law in this coun-
try unless both houses passed a
bill to that effect by majority
vote. and the President had
signed 1t.
Last year the Senate side
tracked the Bricker proposal and
replaced 1t with q substitute by
Senator George, Democrat, of
Georgia. which Senator Bricker
then supported.
Killed on Second Vote.
The George plan would not
have required acts Of Congress
to implement treaties, but would
have required such acts before
international agreements could
take effect as internal law. The
Senate tentatively approved the
George amendment by voting 81
to 80 to take it up In place Of
the Bricker proposal. But an
other roll call was required for
final passage, and the second
time the vote was so to 81. Since
this was less than the two-thirds
required for q constitutional
amendment, the George plan
was killed.
Senator Knowland. Republi-
can, Of California, who was Ma
jority Leader in the last session,
and Is expected to be Minority
Leader In 1855, supported the
George substitute last February
despite White House opposition. |
He left the Majority Leaders
desk, and moved to the rear Of
the chamber so that his an
nouncement Of support for the
George plan would not be con-
strued as representing the ad-
ministration's viewpoint.
Fear Hamstringing.'
The administration based Its
opposition to the Bricker plan on
the argument that 1t would ham
string the President In conduct
ing foreign affairs.
Much Of the support for new
curbs on the treaty-making
power developed from the fear
Of some organizations that do
mestic laws In this country
might be rewritten in the form
Of treaties II the United States
ratified q variety Of covenants
drawn up by United Nations
committees. Admin / st r q tion
spokesmen told the Senate last
year this administration Is not
planning to submit those cove
nantS for ratification.