Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-04-27
BRICKER

Texas. a subcommittee member.
also revealed that hackers of the
Bricker proposal are trying to
work out a substitute which
might be acceptable.
Senator Daniel. who voted for
some change in the Constitution
last year, said he concluded after
hearing the lengthy arguments
of Senator Hennings against the
Bricker plan that all he wants
added to the Constitution is what
Senator Hennings says the courts
would hold now on the effect of
treaties as domestic law.
Bricker Proposals
Senator Bricker's amendment,
would add these two pro-
visions to the Constitution:
l. A treatg or other interna-
tional agreement which con-
fiicts with the Constitution shall
not be of any force or effect.
2. A treaty or other interna-
tional agreement shall not be-
come effective as internal law
except through valid and appro-
pirate legislation.
At the outset, Senator Ke-
fauver took the Eisenhower adj
ministration to task for not be-
ing prepared to give the sub
committee at this time it's cur
rent position on the Bricker pro-
poSal.
Last year the White House
opposed the Bricker amendment.
After long negotiations between
administration spokesman and
the Ohio Senator failed to pro-
duce an acceptable compromise,
the Senate defeated a boiled
down substitute sponsored by
Democratic Senator George of
Georgia.
The George substitute would
not have placed any new restric-
tons on treaties, but would have
prevented an international agree
ment, entered into by the Presi-
dent alone, from taking effect
as domestic law in this coun-
try unless approved by an act of
Congress. The George plan
came within one vote of muster
ing the two-thirds required for
a change in the Constitution.
Secretary of State Dulles, who
testified against the Bricker plan
in the last Congress-, was slated
to be the first witness today, but
Senator Kefauver said his Office
was notified last Friday that the
appearance of all administration
witnesses would be delayed until
the latter part Of the hearings.
Resents Interference"
Senator Kefauver said he re-
sents this interference with the
functioning of a congressional
committee. and served notice
he is reluctant to continue the
hearings very long without hav-
ing the current position of the
administration presented.
Accordingly. Senator Kefauver,
an opponent of the Bricker
amendment, said he is instruct
ing his subcommittee counsel,
Wayne H. Smithey to try to find
out after today's session how soon
the administration will be ready
to present its views on the new
Bricker amendment.
Secretary Dulles made it clear
yesterday. however. that the
delay in his testimony does not
indicate any change in the adj
ministration's stand against the
Bricker amendment.
In a statement prepared for
delivery today. Senator Bricker
said that. while the language
of his proposal has been changed,
the detectives have not.
Senator Bricker said that for
more than a century after the
Republic was founded 1t was the
belief of Presidents. courts and
Congresses that the Constitution
limited the scope of treaties to
problems of genuine interna-
tional concern.
He said the loophole he seeks
to plug has been created by a
series of court decisions begin
ming in 1920. and running down
to 1912. In 1912. Senator Bricker
said. the Supreme Court held
that an executive agreement be-
came. like treaty. the supreme
law Of the land. He said the
court held that the agreement
Invested creditors of property to
which they were entitled under
New York State law.
Defends Amendment
Opponents Of my amendment
say that it would tie the hands
of the President" Senator
Bricker continued. THAT is true
in one sense. but untrue in the
impression intended to be con-
veyed. The Presidents hands are
tied by the Constitution, particu-
larly by the wise restraints of the
Bill of Rights.
My amendment would also tie
the Presidents hands, but only
to the extent that he could not
make international agreements
in conflict with the Constitution,
nor make one-man law for the
people OF the United States by
executive agreement.
why shouldn't the Presidents
hands be tied to that extent?
Why should the President have
power to make treaties and other
n -