711.03/2–1054: Telegram
The Secretary of State to the Department of State
priority
Dulte 61. For Acting Secretary and Phleger from Secretary. Re Tedul 35.1 Believe proposed amendment is something Executive could live with without serious embarrassment although doubtless Supreme Court would be very curious as to real purpose and its final verdict could not confidently be taken for granted. I feel that if this amendment could be avoided, this should be done to prevent many years of legal controversy and uncertainty. On the other hand, if political considerations seem to call for some affirmative action on the subject of executive agreements, this is probably innocuous as could be devised. However, I doubt President could affirmatively [Page 1850] support amendment before Congress and country for if our interpretation is correct, effect too slight to justify the dignity of constitutional amendment.