711.00/2–454: Telegram
The Acting Secretary of State to the Secretary of State, at Berlin1
Tedul 23. Bricker today introduced new resolution which he said would achieve substantially his original objectives but would make important concession by dropping which clause. New resolution accepts three sections from Knowland Amendment. First section amends Article 6 to state no treaty made hereafter would be supreme law unless made in pursuance Constitution. Section two provides that no provision of treaty or executive agreement which conflicts with Constitution shall have any force or effect. Section three requires Senate roll call on ratification. Bricker adds fourth section “A treaty or other international agreement shall become effective as internal law in the U.S. only through legislation by the Congress unless in advising and consent to a treaty the Senate by a vote of two-thirds of the Senators present and voting shall provide that such treaties may become effective as internal law without legislation by the Congress.” This Bricker proposal was rejected yesterday by Senator George who said he thought present arrangements regarding treaties should not be changed.
Bricker said his new section plus the three Knowland sections will achieve substantially all objectives his original amendment and although which clause has been eliminated it will afford substantial protection to individual rights, state rights, and preservation sovereignty U.S.
Senator George said today he would have no objection to altering his proposal to meet Administration objections by exempting President’s war powers and his authority recognize foreign governments. Effect would be to weaken all other Presidential powers because he said it is a well known principle law that when some powers are enumerated others are excluded.
Knowland announced that as Republican Senators will be away next week on Lincoln Day addresses he does not expect vote before ten days or so, thus giving country chance study proposed amendments.
- Drafted by Phleger, who initialed the telegram for the Acting Secretary.↩