Anglo-American jurisprudence. It must be sufficient to
insure against aggressive warfare. An agency must be
created to enforce it.
fallacy No. 2 is that reliance for collective security can
be safely predicated upon assumed permanency of allies.
Fallacious, indeed, has been our thinking in our foreign relations that would assign permanency to allies in
fallacy No. 3 is that peaceful coexistence through appeasement can be established with a predatory nation
motivated by rebellious intention to attain world supremacy. Under certain conditions of appeasement the free
world and Russia could be induced perhaps to respect
each other's interest sufficiently to give a semblance of
peace. Meanwhile, she could stealthily develop her power,
while biding her time. "Just coexistence" can be induced
and perpetuated only by law, with facilities to command
respect for and observance of it.
fallacy No. 4 is that peace may be achieved if economic, social, humanitarian, educational, cultural, and
health conditions arc put on an equality throughout the
world. World wars did not primarily start because of such
inequalities. The so-called advanced, and not the backward nations are disturbers of international peace.
fallacy No. 5 is that the votes of small, impoverished
countries, ignorant of democracy, untrained in international affairs, and with illiteracy rates as high as 90 per
cent or more, should be accorded equal value with the
votes of great, powerful, civilized, and educated nations.
One-half of the world cannot read and write!
fallacy No. 6 (a fallacy which exists in the popular
mind) is that the charter sets up a form of government
which consists of two legislative chambers, as, for example,
our Congress or the English Parliament. This is not true.
The UN is not now a government. It is an intricate bit of
international legal machinery, set up and designed for the
use of member states, of which, as sovereign entities, they
may or may not, as they choose, avail themselves.
The present hassel over amendment of the UN Charter
is to achieve for the United Nations the legal status of a
government. Public opinion is mounting which feels that
the present United Nations offers about as much world
government as the world can presently stand.
At the same time, while encouraging our allies of today,
and realizing that they may not be such tomorrow, we
must recognize that security depends in large measure on
our national strength. We should seek through the channels of the United Nations and other agencies the acquisition of as many friends in the world neighborhood as we
No contract is better than the financial and moral Integrity of the contracting parties. Chief among these factors
will be found spiritual self-discipline and the development
of our inner moral worthiness. We must not accept the
status of a welfare state as a matter of permanency under
guise of emergency. From such acceptance, mark you,
we would enter the portals of outright socialism and the
edifice constructed by the one-world philosophy.
It is to be hoped therefore that the Crusade for Freedom
will not waste itself in the desert sands of political internationalism. Let us make it a real crusade to recover the
holy land of American independence and the principles
of free enterprise. While holding at tremendous expense,
as we have for ten years, the "beachhead" establish!
through UN landings in 1945, and still exploring the posS
bilities of achieving international security, let us hold fX
to our national traditions and governmental freedom.
VI. SOCIALISTIC REVOLUTION THROUGH
A CONSTITUTIONAL LOOPHOLE*
There is still another grave danger confronting u1
United States because of the peculiar provision of o«
Constitution governing treaties. The presence in the f""
eral Constitution of a loophole presents a most sinist'
threat to basic freedoms, guaranteed by our Bill of RigM
in view of recent interpretations of the charter and t
"The President shall be Commander-in-Chief of U>
Army and Navy of the United States. . . . He shall haV
power by and with the advice and consent of the Senal
to make treaties, provided two-thirds of the Senators pr^,
ent concur. ..." — Art. II, Sec. 2. "This Constitution, a*
the laws of the United States which shall be made in pi*
suance thereof, and all treaties made, or which shall l>
made, under the authority of the United States, shall "
the supreme law of the land, and the judges in even- sta'
shall be bound thereby, anything in the Constitution '
laws of any state to the contrary notwithstanding." — AJ|
VI, par. 2 (from the Constitution of the United States)
It is obvious from a consideration of the foregoing c°>
stitutional provisions that, notwithstanding that forty-m"
senators, being a majority, constitute a quorum in $
Senate, theoretically at least, thirty-three out of a total'
ninety-six could ratify a treaty negotiated by a Preside"
carrying socialistic features, without the American peoff
or the House of Representatives having a personal voice"
The danger which this loophole offers is considerably
quite aside from present commitments under the ml ,
partite treaty charter of the UN, or experiences such '
the Korean war presented. This danger supersedes all c°
tributions to economic aid and military support of 'p°.\
action" ordered by the United Slates. Experiences flovvij*
from the Korean incident illuminate our vulncrah"1
under the security measure of the UN charter. Likew'^
the proposed Human Rights Covenant, which has b^
stopped cold by the present administration, reveals ~"
socialistic tendency and threat to our established freed"1''
A warsick world faces the danger of accrediting to ™
United Nations an efficacy not altogether merited. Co'"
munism seeks world domination, regardless of the meaj
employed. It would entrap an optimistic and gull'''
America. In view of our past display of stupidity in e°
serving the peace, the Soviet has every reason to antic if'-1
What of this constitutional loophole? Intelligent diS*J
sion is most intricate. The question is bi-partisan *
should not be made a political football. The trend,
consummated but well on its way, is to subordinate °
federal Constitution to the United Nations Charter w'l"'f
the two conflict.
This constitutional loophole was not reasonably fores';
able in 1787. It was created after the invention of n°™
theories in international law, which could hardly ''
"ED.'s NOTE: Opposing arguments regarding the prog
Bricker Amu,,dine,it may Ire found in the September, 1955, ,>s'11
Facts Forum Sens.
of a fe
Facts Forum News, August,
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