Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-01-31

tionalistS. Treaties and treaty laws"
are already omnipotent.
John Foster Dulles confirmed this
In April. 1852. when he told the
American Bar Association:
The trsoty- making power is on extroor-
dinory power, lioble to obuse. Treoties
moke international low and also they
make domestic Low. Under our constitu-
tion treoties become the Supreme low Of
the land. They ore indeed more supreme
thon ordinoFy lows, for congressional lows
ore involid it they do not conform to the
Constitution. where's treaty laws CON
override the Constitution. Treaties, for
example. con take powers oway from the
Congress and give them to the President;
they con take powers from the Stote and
give them to the Federal Government Or
to some international body and they con
cut across the rights given the people BY
the constitutional Bill Of Rights.
That is an accurate picture of the
clear and present danger to America
The key to the danger Is a loop
hole in the Constitution. Paragraph
2 Of Article vi provides that:
:. All treotiss shall b the su-
prems Law Of the Iond snythins in
the Constitution or laws Of cay Stote to
the contrary notwithstanding.
Presidents have taken advantage
Of this loophole in the past, at the
expense Of or with resultant threat
to State and individual rights.
There are two principal kinds Of
international agreements. First.
there are the treaties negotiated by
the executive branch and approved
by two-thirdS Of the Senate. This
procedure Is expressly provided for
in the Constitution. Second. there
are erecutiUe agreements which the
President concludes with foreign
countries without the consent or
ratification Of any one. and without
specific authorization in the Consti-
tuition.
The United States, incidentally,
is the only country in the world,
with the possible exceptions of
France and Mexico. where a treaty
can change purely domestic rights
and duties without approval by the
national legislature.
The Bird cose
The principal basis for the claim
that treaty laws can be supreme
over ordinary laws is a Supreme
Court decision known as Missouri
.. Holland. In 1918 President Wilson
concluded and Congress implement
ed treaty with Great Britain pro-
viding for Federal regulation of the
killing Of migratory birds. Earlier
the Federal courts had ruled that
the Constitution reserved to the
States this right of regulating bird
killing. The State of Missouri chal-
lenged Congress augmentation of
President Wilson's treaty. But the
high court ruling. in effect, per-
mitted the treaty to override the
Constitution. ,.-
Most Bricker foes cite Supreme
Court decisions before the Missouri
.. Holland caSe-chiefly in the 1800s
to support their contention that
treaties may not run counter to the
Constitution. Al
With this precedent and certain
passages Of the United Nations
Charter as a basis. internationalistS
in this country have since 1045 been
expounding o new treaty doctrine
endangering our individual rights
and liberties. It advocates the ex-
tension of treaty law from internd-
tio1ldl into domestic affairs. Two
official announcements show clear
" the direction the International
lists are headed.
In 1913 the Director of the United
Nations Division of Human Rights,
John p. Humphrey. wrote:
Whst the United Motions is trying to
Do 10 revolutionary IN ehoFecer Humon
rights ere largely Q matter Of relotion-
ships bewean the stete end individuals,
end therefore Q meter which hos been
tTsditionolIy regarded es being within the
domestic Jurisdiction Of states Whst 10
new bsiRs proposed 10, IN effect. the
erection Of some kind Of sspernotionoI
ssporisioa Of this relationship between
The state end ito citizens.
In 1850 an oflcial State Depart
ment publication declared: There
Is no longer any real difference be-
tween domestic and foreign affairs"
Two Dangerous Poets
The United Nations already has
drawn up two treaties which would
impair American citizens basic in
dividual rights, the genocide con-
vention and the international cove
nant on human rights. The pro-
visions Of these proposed treaties
would impair our constitutional
rights Of jury trial, freedom Of
speech and press and other basic
rights. The genocide convention.
for instance, contemplates the trial
of American citizens in foreign
courts.
United Nations affiliates like the
Economic and Social Council, its
so-called Commission on Human
Rights. and the International Labor
Organization have drafted or are
preparing over 200 other treaties
which would deal with the do.
nestle affairs Of the American peo-
pie. These would cover education
(the kind Of teaching and textbooks
to be adopted by our public schools,
social. economic and labor legisla-
ton.
There has been little significant
abuse Of the Presidents treaty
power-as distinguished from exec
enlargement power-in the past.
President Truman's seizure Of the
steel industry was based on his in
depreciation Of his treaty power as
derived from the duly-ratified
United Nations Charter. But the
Supreme Court disagreed with him,
ending his attempt to abuse his
treaty power after SIS days seizure
Of the steel companies.
In the realm of executive agree