Thailand, Constitution of, March 23, 1949 (Peaslee, III, 165–187). Sec. 154. The King may exercise his prerogative in concluding treaties of peace or other treaties with foreign states. Treaties which provide for a change in Thai territories or require the promulgation of an Act to make them enforceable must receive the approval of Parliament. Turkey, Constitution of, January 10, 1945 (Peaslee, III, 191–199). Art. 26. The Grand National Assembly alone exercises such functions as * * concluding conventions and treaties and making peace with foreign states. Ukrainian Soviet Socialist Republic, Constitution of, January 30, 1937, as amended in 1947 (Peaslee, III, 205–219). Art. 43. The Council of Ministers 申 * * (h) directs relations with foreign states in accordance with the general procedure established by the Union of Soviet Socialist Republics concerning relations of the Union Republics with foreign states. Union of South Africa (Peaslee, III, 224-261). See Great Britain and the British Commonwealth. Union of Soviet Socialist Republics, Constitution of, December 5, 1936, as amended (Peaslee, III, 267-284). Art. 14. The jurisdiction of the Union of Soviet Socialist Republics, as represented by its highest organs of state power and organs of state administration, embraces: (a) Representation of the U. S. S. R. in international relations, conclusion, ratification, and denunciation of treaties of the U. S. S. R. with other states, establishment of general procedure governing the relations of Union Republics with foreign states. Art. 18-A. Each Union Republic has the right to enter into direct relations with foreign states and to conclude agreements and exchange diplomatic and consular representatives with them. ... Art. 49. The Presidium of the Supreme Soviet of the U. S. S. R. . . . (0) Ratifies and denounces international treaties of the U. S. S. R. Art. 68. The Council of Ministers of the U. S. S. R. guidance in the sphere of relations with foreign states. ... (d) Exercises general United Kingdom of Great Britain and Northern Ireland (Peaslee, III, 285–356). See Great Britain and the British Commonwealth. United States of America, Constitution of September 17, 1787, effective June 21, 1788, (Peaslee, III, 362-386). Art. II, Sec. 2. The President shall have power by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur. Art. III, Sec. 1. The judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority. Art. VI. This Constitution and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Uruguay, Constitution of, March 24, 1934, with amendments ratified November 29, 1942 (Peaslee, III, 388-432). The President concludes and signs treaties, subject to the approval of the General Assembly by an absolute majority of all the members of both Chambers. The Supreme Court of Justice exercises jurisdiction with respect to questions relating to treaties, pacts, and conventions with other states. Art. 75 (7), Art. 157 (21), Art. 212 (1). Venezuela, Constitution of, July 5, 1947 (Peaslee, III, 460-514). * * Art. 198 (3). The attributes and duties of the President of the Republic are to enter into treaties, contracts, and agreements with other nations. (4) With the approval of the Permanent Commission of Congress and the Council of Ministers, to adhere to multilateral treaties which may interest the Republic, and to execute those treaties in the discussion of which he has participated. (5) To submit the international treaties, contracts, and agreements requiring it to the legislative chambers for approval, to ratify, exchange, settle, and put them into effect as circumstances require. Art. 105. All international treaties, agreements, or accords which the executive power may celebrate must be approved by the National Congress in order to be valid, except those which deal with the execution or perfection of pre-existing obligations of the Republic, or with the application of principles expressly recognized by the Republic, or with the execution of ordinary acts concerning international relations or the exercise of faculities which the law expressly attributes to the executive power. Nevertheless, the Permanent Commission of the National Congress may authorize the temporary execution of international treaties or accords whose urgency may require the same, which treaties or accords shall be submitted in all cases to the subsequent approval or rejection of the legislative chambers. Yugoslavia, Constitution of, January 30, 1946 (Peaslee, III, 522–524). Art. 44. Under the jurisdiction of the Federal Peoples' Republic are included: (4) international treaties. Art. 74 (9). The Presidium of the People's Assembly ratifies international treaties. Arts. 80-81. The Government (The President, Vice-Presidents, Ministers, and Chairmen of the Federal Planning and Control Commissions) directs the maintenance of relations with foreign states, and sees to the carrying out of international treaties and obligations. Hon. PAT MCCARRAN, THE AMERICAN LEGION, Washington, D. C., May 27, 1952. Chairman, Subcommittee of the Senate Judiciary Committee, Senate Office Building, Washington, D. C. DEAR SENATOR MCCARRAN: Referring to hearings now being held by a subcommittee of the Senate Judiciary Committee on Senate Joint Resolution 130, same being a joint resolution proposing an amendment to the Constitution of the United States relative to the making of treaties and executive agreements, etc., I take pleasure in handing you herewith copy of resolution No. 42 adopted at the May 5-7, 1952, meeting of the national executive committee of the American Legion. I would appreciate if you would be good enough to give consideration to the American Legion's resolution and, if consistent, have same incorporated in the minutes of the hearings. Thank you for your consideration and with kind regards, I am, DONALD R. WILSON, RESOLUTION No. 42 AMEND CONSTITUTION OF THE UNITED STATES LIMITING EFFECT OF TREATIES WITH OTHER GOVERNMENTS OF THE WORLD Whereas the American Legion in convention assembled at Miami, Fla., October 15-18, 1951, expressed its desire by the passage of resolution No. 646 to cooperate with the American Bar Association in limiting the effect of treaties and Government contracts and pacts with other governments of the world; and Whereas the limitation above referred to can be accomplished by amendment to the Constitution of the United States: Now, therefore, be it Resolved, That the American Legion favors the amendment of the Constitution of the United States by including therein a provision that no such treaty, contract, or pact with a foreign power shall ever operate or be construed to adversely affect or diminish in any way the rights of any citizen or citizens of the United States guaranteed under the Constitution of the United States. [Telegram] Senator PAT MCCARRAN, LITTLE ROCK, ARK., May 22, 1952. Chairman, Senate Judiciary Subcommitee, Washington, D. C.: The Arkansas Bar Association in convention on May 16, 1952, adopted the following resolution: "Resolved, That the Arkansas Bar Association recommend to the Congress of the United States for consideration an amendment to the Constitution of the United States in respect of the treaty-making powers, reading as follows: 'A provision of a treaty which conflicts with any provision of this Constitution shall not be of any force or effect. A treaty shall become effective as internal law in the United States only through legislation by Congress which it could enact under its delegated powers in the absence of such treaty'." The membership of this association is very concerned over the danger inherent in the treaty-making power and hope that the proposed amendment to the Constitution can be adopted to protect our liberties. GERLAND P. PATTON, Secretary. [Telegram] Hon. PATRICK A. MCCARRAN, Senate Office Building, Washington, D. C.: PHOENIX, ARIZ., May 25, 1952. Annual convention of Arizona State Bar unanimously adopted resolution recommending to Congress for consideration an amendment to Constitution in respect to treaty-making power in terms identical with action heretofore taken by house of delegates of American Bar Association at February 1952 meeting, namely: "A provision of a treaty which conflicts with any provision of this Constitution shall not be of any force or effect. A treaty shall become effective as international law in the United States only through legislation by Congress which it could enact under its delegated powers in the absence of such a treaty." WALTER E. CRAIG, President, State of Arizona. Senator PAT MCCARRAN, [Telegram] HOUSTON, TEX., May 22, 1952. Chairman, Senate Judiciary Committee, Senate Office Building, Washington, D. C. The following resolution unanimously adopted today: "Resolved, That the National Society of the Sons of the American Revolution, in congress assembled at Houston, Tex., does hereby reaffirm its faith in the Constitution of the United States, and the rights, privileges, advantages, and immunities granted, and the form of government secured by that document; and, be it further "Resolved, That this society does hereby condemn government by executive agreement or treaties with foreign nations to the extent that they conflict with the provisions of the Constitution of the United States as a grave threat to the independence of the United States of America; and, be it further "Resolved, That such amendment should provide that executive agreements or treaties with foreign nations shall not become the internal law of the land, until and unless they are implemented by appropriate legislation, and that no such legislation shall be valid if it is contrary to or in excess of the powers delegated to the Congress by the Constitution; and be it further "Resolved, That this society approves in principle, and so recommends to the Congress of the United States of America, the immediate adoption of an appropriate amendment to the Constitution of the United States which would bar and prohibit any such executive agreements or treaties with foreign nations from conflicting with the provision thereof, and, be it further "Resolved, That a copy of this resolution be forwarded to every Member of the Congress and to the President of the United States, and to the governors of the several States." NATIONAL SOCIETY SONS OF THE AMERICAN REVOLUTION, [Telegram] Senator PAT MCCARRAN, Capitol Building, Washington, D. C. HELENA, MONT., May 27, 1952. DEAR SENATOR MCCARRAN: The following resolution regularly adopted by the executive committee of the Montana Bar Association at a special meeting held at Bozeman, Mont., May 22, 1952, is respectfully commended to the attention of the subcommittee of the Senate Committee on the Judiciary which is studying the need for a constitutional amendment to protect American rights against the dangers of "treaty law": "Whereas it is manifest from the Charter of the United Nations, from the current draft of the proposed Covenant on Human Rights by the United Nations Commission on Human Rights, and from the texts of treaties drafted by the Department of State of the United States since 1940 that there is a marked and positive effort by certain representatives of our Government to manipulate the treaty making power under article VI of the Constitution to invade areas of human activities in domestic concerns which under the Constitution are not delegated to the Federal Government at all, but under the tenth amendment are reserved to the States and to the people and to lessen and cut down our liberties by reference to inferior concepts of human dignity and such efforts and acts are repugnant to American Concepts in that they would reduce the fundamental rights of free speech, free press, religion, acquisition and protection of private property, and due process to the status of gifts from governments subject at all times to the moods of public servants exercising transient authority in one or more of the departments of our Government and moreover, subjecting our dearest liberties to tinkering by international agencies who have no real appreciation of what liberty is or means, and such results must not be countenanced under the guise of treaties or any other international accords or otherwise: Be it “Resolved by the Executive Committee of the Montana Bar Association, hereunto specifically empowered by the association, That it hereby emphatically endorses the proposed constitutional amendment submitted to the subcommittee of the Senate Committee on the Judiciary emanating from the peace and law committee of the American Bar Association, and requests the subcommittee to favor its passage at all times and its early submission to the country for adoption by such constitutional method as will most clearly and directly express the will of the citizens of the United States of America, and give notice to the world that our Government may not by any treaty contract or accord subject our liberties or dilute our rights or the rights of mankind by the suggestion that they are the gifts of or may be limited, impaired, or abridged by political institutions or agencies domestic or foreign, Hon. PAT MCCARRAN, MONTANA BAR ASSOCIATION, [Telegram] LINCOLN, NEBR., May 21, 1952. Senate Office Building, Washington, D. C: The Lincoln Bar Association of 300 members at regular monthly meeting unanimously endorsed constitutional amendment restricting effect of treaties upon domestic law. LINCOLN BAR ASSOCIATION, LOUISIANA STATE BAR ASSOCIATION, Hon. PAT MCCARRAN, Chairman, Judiciary Committee, Washington, D. C. DEAR SENATOR MCCARRAN: Enclosed herewith find certified copy of resolution offered by Mr. Cuthbert S. Baldwin, of New Orleans, and unanimously adopted by the Louisiana State Bar Association in annual meeting assembled in the city of Shreveport, La., on May 10, 1952, condemning government by executive agreements or treaties with foreign nations to the extent that they conflict with the provisions of the Constitution of the United States as a grave threat to the independence of the United States; and approving in principle and so recommending to the Congress, adoption of appropriate amendment to the Constitution with regard thereto. The association asks your good offices in effectuating the objects and purposes for which the resolution was adopted. Very truly yours. STEPHEN A. MASCARO, RESOLUTION (By Cuthbert S. Baldwin, of New Orleans) "Resolved, That the Louisiana State Bar Association, in convention assembled, does hereby reaffirm its faith in the United States Constitution and the rights, privileges, and immunities granted and the form of government secured by that instrument; and be it further "Resolved, That this association does hereby condemn government by executive agreements or treaties with foreign nations to the extent that they conflict with the provisions of the Constitution of the United States as a grave threat to the independence of the United States; and be it further "Resolved, That this association approves in principle, and so recommends to the Congress, the adoption of an appropriate amendment to the United States Constitution which would prohibit any such executive agreements or treaties with foreign nations from conflicting with the provisions thereof; and be it further Resolved, That such amendment should provide that executive agreements or treaties with foreign nations shall not become the internal law of the land until and unless they are implemented by appropriate legislation, and that no such legislation shall be valid if it is contrary to or in excess of the powers delegated to the Congress by the Constitution; and be it further "Resolved, That a copy of this resolution be forwarded to every Member of the Congress, to the American Bar Association, and to the various State bar associations." A true and correct copy of resolution unanimously adopted by the Louisiana State Bar Association in annual meeting assembled in Shreveport, La., on May 10, 1952. [SEAL] STEPHEN A. MASCARO, NEW ORLEANS, May 19, 1952. KIWANIS INTERNATIONAL, Hon. PAT MCCARRAN, Chairman, Senate Committee on the Judiciary, United States Senate, Senate Building, Washington, D. C. DEAR SENATOR MCCARRAN: It is a pleasure to advise you that at a meeting of the delegates to the thirty-seventh annual convention of Kiwanis International, now in session here in Seattle, a resolution was adopted by an overwhelming majority this morning reading as follows: "Whereas there is pending in the Senate of the United States a Senate resolution to the effect that an amendment be made to the Constitution of these United States for the purpose of clarifying the effect of any action by the Senate of the United States in respect of the treaty-making power, reading as follows: "A provision of a treaty which conflicts with any provision of this Constitution shall not be of any force or effect. A treaty shall become effective as internal law in the United States only through legislation by Congress which it could enact under its delegated powers in the absence of such treaty.' Therefore be it "Resolved, That Kiwanis International endorse in principle the suggested amendment to the Constitution of the United States relating to the making of treaties and executive agreements, designed to prevent the treaty-making power from being used as a means of amending the Constitution and Bill of Rights." With kindest personal regards, I am Sincerely yours, CLAUDE B. HELLMANN, President. |