711.03/2–1354: Telegram

The Acting Secretary of State to the Secretary of State, at Berlin1

top secret

Tedul 47. White House staff suggests it may be possible secure agreement between Republican leadership and George group sufficient to pass amendment reading as follows and this is desirable politically:

“Section 1. Clause 2 of Article VI of the Constitution of the United States is hereby amended by adding thereto the following: “Notwithstanding the foregoing provisions of this clause, no treaty made after the ratification of this amendment shall be the supreme law of the land unless made under the authority of the United States and in pursuance of this Constitution Section 2. A provision of a treaty or other international agreement which conflicts with this Constitution shall not be of any force or effect. Section 3. An international agreement other than a treaty shall become effective as internal law in the United States only by an act of Congress, but this section shall not apply to any agreement made under the power of the President as Commander in Chief of the Army and Navy of the United States as provided in Article II, Section 2, of the Constitution, or under his power to receive ambassadors and other public ministers as provided in Article II, Section 3, of the Constitution, or under any other powers vested in him by the Constitution. Section 4. When the Senate consents to the ratification of a treaty the vote shall be determined by yeas and nays, and the names of the persons voting for and against shall be entered on the Journal of the Senate.”

Thought is that President will be asked whether he will support such proposal if made. Ur views are requested.2

  1. Drafted by Phleger, who initialed the telegram for the Acting Secretary.
  2. In Dulte 72 from Berlin, Feb. 14, Secretary Dulles briefly replied that he believed the new draft was preferable to that contained in Tedul 35 and that his substantive views remained as reported in Dulte 61. (711.03/2–1454)