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Facts Forum News, Vol. 4, No. 8, September 1955
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Facts Forum. Facts Forum News, Vol. 4, No. 8, September 1955 - File 020. 1955-09. University of Houston Libraries. University of Houston Digital Library. Web. July 7, 2020. https://digital.lib.uh.edu/collection/1352973/item/489/show/439.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum. (1955-09). Facts Forum News, Vol. 4, No. 8, September 1955 - File 020. Facts Forum News, 1955-1956. University of Houston Libraries. Retrieved from https://digital.lib.uh.edu/collection/1352973/item/489/show/439

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

Facts Forum, Facts Forum News, Vol. 4, No. 8, September 1955 - File 020, 1955-09, Facts Forum News, 1955-1956, University of Houston Libraries, accessed July 7, 2020, https://digital.lib.uh.edu/collection/1352973/item/489/show/439.

Disclaimer: This is a general citation for reference purposes. Please consult the most recent edition of your style manual for the proper formatting of the type of source you are citing. If the date given in the citation does not match the date on the digital item, use the more accurate date below the digital item.

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Title Facts Forum News, Vol. 4, No. 8, September 1955
Alternate Title Facts Forum News, Vol. IV, No. 8, September 1955
Series Title Facts Forum News
Creator
  • Facts Forum
Publisher Facts Forum
Date September 1955
Language eng
Subject
  • Anti-communist movements
  • Conservatism
  • Politics and government
  • Hunt, H. L.
Place
  • Dallas, Texas
Genre
  • journals (periodicals)
Type
  • Text
Identifier AP2.F146 v. 4 1955; OCLC: 1352973
Collection
  • University of Houston Libraries
  • Facts Forum News
Rights No Copyright - United States
Item Description
Title File 020
Transcript to construe such a constitutional amendment. It is now more than eighty years since the adoption of the Fourteenth Amendment; and the Supreme Court is -till trying, in the school-segregation eases, lo determine what force should be given to various statements in the congressional debates on thai amendment in the late 1880's. The perspective which accompanies the passage of time is not free of inaccuracy. Remoteness can produce a loss .if detail. The legislative intent, which may now seem to us so sharply defined, can become blurred as the decade- go by. What assurance' do we have that the intent will be found to have been one of restating the law rather than changing it? Who has the power or authority, under our form uf government, to make this intent so clear as to remove emv eliiul.t on thi- score lor eill time? WOULD HANDICAP STRUGGLE AGAINST COMMUNISM Moreover, the evil ..I Buch an amendment weeiilel lie- not only in the possibility of an unfortunate construction by the Supreme Court, but in the mere exist- I'liec of ei constitutional question affecting, and therefore clogging, the treat) power. \\. all know theit the uncertainties of constitutional law <eiu be a source of verj great difficulty to the American businessman. But to adopt a constitutional amendment which might becloud the law on the tnaly power would be to place an unnecessary handicap upon the representatives of our country in their dealings with other nations. We cannot afford le. ; i——i r 11 n - any further handicap in these times when the outcome of the struggle against communism depends so largely upon how successful we are in strengthening the alliance of all freedom-loving nations and peoples. In these perilous and confusing years, if our country is to act on the world scene with any chance of success, it is a primary requisite that the authority of our representatives should be absolutely clear cut. Finally, in reference to the Knowland proposal and also to Section 1 of the Bricker resolution, it is unthinkable to me that our Constitution, particularly the fundamental guaranties in the Mill of Rights, could be overriden by a treat). So far as I know, no treaty has evei been made which purported t.» have llii- effect. I find it impossible to assume thai any such treaty would be agreed le. in the future by a President of the I nil. .1 States and two-thirds of the Senate, both elected by and responsible to the .Ann ii can people. Even granting this unlikeliesl of all contingencies. I cannot imagine lhat the Supreme Court, the guardian e.l our most sacred traditions, would permit the Constitution to be overriden in this way. Pa-re 18 I In top ol all this, how can wc conceive that the Congress would be so supine eiml helpless that it would not immediately pass a law restoring the supremacy of the Bill of Rights over any such hypothetical treaty? With a Congress as helpless as lhal. our situation would be hopeless anyway; and I am opposed to redesigning our Constitution which has stood for 165 years, in order to provide for hopeless situations, MIGHT BRING MORTAL HARM In reference both to Section 2 of the Bricker resolution and also to Section 2 uf the George proposal, there is no need for a constitutional amendment limiting the President - power to make executive agreements. In mv opinion, whatever advantage might be gained through such an amendment we.ulil be outweighed In tin-serious ri-k eef mortal harm to our country if tin- executive branch should be saddled with a procedure which might cause eleleiy anil confusion in an emergency crying for swift anil decisive action. I. therefore, oppose eit ihis time ;i constitutional provision along the lines of any now pending before us to require congressional action before em executive agreemenl can have effeel eis internal law. Under the Constitution as it now stands there is a wielc area in which executive agreements are Inferior t.. acts of Congress. Within this area an execu live agreemenl will have no force if inconsistent with an ent of Congress, ll ineiki> in. difference whether the act of Congress was passed before or afler tbe executive agreemenl was made. In a case' decided onlv List year ei federal courl denied effeel to em executive agreemenl which wet- [nconsistenl with ,i prior ent of Congress. Within ihis wielc area, then, where congressional enactments prevail over executive agreements. I regard the existing safeguards a- generallv atlequeitc. If thi'ie ein' loopholes, ihev should be studied eunl propel remedial legislation carefully drafted in whatever form that legislation should best take. Certainly al this linn' I can see n.. m.-ii for a constitutional amendmenl of emv kind. I wish to make il com- pletely clear thai I eun enjeeinst any con- -tiliilion.il amendment in einv form and of anv character al this time. I considei all -inh amendments to be dangerous, .mil eee should not even consider them. I want no misunderstanding with regard i \ -i.nul ..ii thai subject. WOULD CRIPPLE PRESIDENT'S AUTHORITY Outside of this area, tin- George pro- posal, in mv judgment, would seriously cripple the- President's authorit) eis Com- ni.in.lei in-l hii'f of our Armed Forces. This is a mailer of vital importance in time of war. In modern times our wens have been fought, nol single-handed, but with allies. In the past four decades we have (ought three coalition wars. For nearly seven years out of the last twelve, we have been engaged in coalition wars. To fore- stall the calamity of a third world war, w. eiic now building lhe strongest possible: alliance ageiinsl lln- threat of Communist aggression. Executive agreement.- can provide for a wide variety of routine matters in a military alliance. They are also a means of carrying out important decisions which demand and require swift action. In my opinion, the constitutional amendment proposed by lhe distinguished senior senator from Georgia [Mr. George] would be a tragic handicap in time of wen. Suppose, for instance, the enemy made a surprise attack on Alaska and ii wa- necessary to rush a Canadian motorized division from eastern Canada lo support our troops in Alaska. I inlii presenl law, em executive agreemenl could instantly open lhe way for this Canadian division to use- our superior highway network. This, however, would affect many provisions <>l internal law, and under the George Amendment an ail of Congress would be required before agreemenl could l.e made 'lie. tive. I.el me suggest a further variation of this problem. Suppose our intelligence agencies should intercept ;i message indicating a possible but not certain attack upon Alaska, like the eillaek on Pearl Harbor, withoul a declaration of war. Our countermeasures in such a crisis would require not only speed bul complete secrecy. How would either speed "i .a ..a v I..' pe.-sil.le' if the- Constitution barred tin1 wen until the' Congress could act? These contingencies, eiml many more lhal mighl In- cited, are by no means improbable. In fact, they em' relatively simple situations. We cannol foretell what kind of complicated emergenc) might arise in a supersonic atomic blitzkrieg. This is a mo.-i serious consideration. I believe it would be reckless of us to approve the' George proposal without thorough consideration of all iln- implications involved. I bene mentioned just those few implications which have occurred to me. I say lhal an amendmenl io our Constitution, such as lhe George proposal or am of the' others pending before us. musl he carefully examined lev eill tlie appropriate committees, i" eluding lhe Committee on Foreign I'1' lations. I eun deeply troubled 1»\ the prospeel of ;i constitutional amendmenl evolved from a hasty political compromise. Wilhoul detracting in anv way from the sincerity eiml diligence eunl patriotic Intentions wilh which a number eel senators have worked in recenl weeks to i bring aboul a compromise of the Issues raised bj Senate Joint Resolution 1- FACTS FORUM NEWS, September, 1955
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