Foreign Relations of the United States, 1952–1954, General: Economic and Political Matters, Volume I, Part 2

Eisenhower Library, Dulles papers, “Bricker Amendment”

Memorandum by the President to the Secretary of State¹

confidential

[Washington,] May 26, 1954.

There is a pending motion before the Senate to reconsider the Bricker Amendment.

Several of the individuals—including Senator Ferguson—who were stalwarts in defending the Administration point of view when this matter was debated in the Senate, have reported themselves to be in some considerable political trouble in their constituencies because of the persistent belief among great portions of the public that our Constitutional system will be destroyed unless something positive is done to protect it. To this section of the public, the words “Bricker Amendment” merely epitomize their fear that something is radically wrong and must be corrected.

In this situation our friends feel that they would be vastly benefited if we could have an amendment that, while fully protecting the position and rights of the Executive, would reassure the United States as a whole public in this sensitive matter.

During the past week, Mr. Martin of my staff has kept in more or less close touch with this matter in the Senate. He has now submitted to me the attached draft of a suggested amendment which I request that you study to determine whether you believe it is acceptable from the standpoint of the Executive Branch. I should appreciate if each of the addressees named above would give me an answer on this as soon as feasible.

D.D.E.

[Attachment]

Paper Prepared by the Administrative Assistant to the President (Martin)

[Washington, undated.]

• Section 1. A provision of a treaty or other international agreement which conflicts with this Constitution shall not be of any force or effect.
• Section 2. No international agreement other than a treaty shall become the supreme law of the land unless made under the authority of a treaty hereafter ratified or an Act of Congress enacted prior to the making of such international agreement. This section shall not be construed to deprive the President of any executive power conferred by Section 2 or Section 3 of Article II of this Constitution.
• Section 3. On the question of advising and consenting to the ratification of a treaty or other international agreement 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.
• Section 4. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within eight years from the date of its submission.

1. The memorandum is also addressed to the Attorney General.