Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-01-29
To the Editor Of The Star:

6k1OOGD like 10 SGHUG SUIuC Oh UklG
l. reasons why many people are opposed
to amending the Constitution as pro-
posed by the Bricker amendment.
The amendment would limit the
treaty-making power of the Federal
Government to an alarming extent and
destroy the division of powers between
the executive and legislative branches.
The second section of the proposed
amendment would seriously impede the
President in his relations with foreign
states AS President Eisenhower has
said, it would have had the effect of
depriving the President of the capacity
necessary to carry on negotiations with
foreign governments and this
at time when swift and resolute action
are imperative in strengthening the
nations in the camp Of freedom for the
purpose of lettering aggression on the
part of the totalitarian Communist
forces The amendment would most
certainly weaken our bargaining po-
sition in our foreign relations AS Sec
rotary of State Dulles recently said, the
cumulative effect of the changes pro-
posed by the Bricker amendment would
be "calamitous ). upon the interna-
tional position and prospects Of the
United States"
The amendment would limit legisla-
ton implementing treaties to that
which would be valid in the absence
of treaty" This so-called (which clause"
would tend to undermine the very foun-
dations of the Union itself.
Professor Edward S. Corwin Of
Princeton, generally regarded as our
greatest authority on constitutional
law. points out in his excellent book
on the presidency that IF our diplo-
macy was to have reasonable chance
of success in the world at large, 1t had
to have unity of direction from an Or
gan of government which was always
in session, which could act swiftly and
secretly, and which commanded the
widest information; and these require
ments the presidency met" Edward S.
Corwin. The President, Office and Pow
ers, p. 1922
These certainly are exceptional times.
This is not the time to weaken the
executive branch by Stacking the hands
of the President in handling our for
eign relations The Bricker amend
ment seems to stem from an unwilling
ness to accept the great role which we
are now required to play in the world.
It would most certainly prevent our
Nation from rising to the occasion and
fulfilling its responsibilities during these
critical times, when world freedom is
threatened by the Communist forces
Of slavery and brutality.
Achilles N. Sakell. Ph.D.
X
The entire debate concerning the
Bricker amendment boils down to this:
Are we to have a Government of laws
or of men; Government of appropri-
ate constitutional restraints, or one Of
unlimited executive powers? It is use
less to say: well, Eisenhower wouldn't
abuse the treaty-law clause of the Con-
stitution" No President can guarantee
the acts of future President. And as
Thomas Jefferson said: I'm questions
of power. let no more be said of con-
fidence in man. but bind him down
from mischief by the chains of the Con-
stitution."
George Reisman.
Congratulations and thanks to The
Star for telling us what the Bricker
amendment really says.
Now let's see about the arguments.
Section states:
Congress shall have power to reg
ulate all executive and other agree
ments with any foreign power or inter-
national organization. 80"
Here Is the only point on which the
amendments opponents have any case
at ALL This clearly would badly
no ho conduct ~ foroiuv,
tions. But the rest of the section: "All
such agreements shall be subject to the
limitations imposed on treaties by this
article. :"
This means simply that a President
should not be allowed, by making an
agreement instead Of a treaty. to as
sumo powers which with a treaty he
would not have. This provision would
probably be a sufficient safeguard. so
that the first part of this section is as
unnecessary as it is undesirable
This section should be amended to
read: All executive and other agree
ments with any foreign power or inter-
national organization shall be subject
to the limitations imposed on treaties
by this article.
It is popularity commended that in
times of emergency we need to have
done with cumbersome procedures, and
give the President power to act quickly
and independently. But it is Just in
those times of emergency that we tend
to get over-excited, and need a little
cumberSomeneSS to check over-hasty
action.
James F. Standish.
If Eisenhower denies us the protec-
ton of the Bricker amendment, we
shall have to insist on withdrawing
from the United Nations.
Unless our liberty and rights are safe
guarded with the Bricker amendment.
we cannot risk the danger of remain
ing in the U. N. to have alien Reds
and Socialists make our laws for us.
Rather than have our freedom of re-
ligion and freedom of the press de-
Stroyed by the U. N. Human Rights
Covenant. or be transported across the