711.03/1–2054
Memorandum by the Secretary of State to the President
- Subject:
- Conversation with Senator George re Bricker Amendment
I had a long and satisfactory talk this afternoon with Senator George. He is strongly opposed to the “which” clause and authorizes me to reassure you in this respect.
He is a little worried at the change in Article 6, which is proposed by the Knowland substitute, because he fears that, if the Constitution says that laws and treaties made pursuant to the Constitution shall be the supreme law of the land, it might be interpreted as meaning that treaties could not go beyond the scope of Federal laws.
I told him that the Attorney General did not share this concern, but he says he does not feel confident of what the Supreme Court might do with this feature of the proposed amendment.
He goes along with Section 2 that no treaty or international agreement shall conflict with the Constitution, but does not think it necessary.
Section 3 dealing with “yeas” and “nays” he says is all right, but should and could be done by Senate rule.
He has some question in his own mind as to the provision dealing with Executive agreements. He feels that some limiting provision might be desirable, but on the whole is inclined to believe that nothing is practical which goes beyond the provision that an international agreement which conflicts with the Constitution shall not be in force and effect.
It is obvious that he has considerable doubt as to whether on its merits there ought to be any Constitutional amendment.