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Encyclopedia > Bricker Amendment
Senator John W. Bricker, the sponsor of the proposed constitutional amendment to limit the "treaty power" of the United States government.
Senator John W. Bricker, the sponsor of the proposed constitutional amendment to limit the "treaty power" of the United States government.

The Bricker Amendment is the collective name of a series of proposed amendments to the United States Constitution considered by the United States Senate in the 1950s. These amendments would have placed restrictions on the scope and ratification of treaties and executive agreements entered into by the United States and are named for Senator John W. Bricker of Ohio, a conservative Republican, their sponsor. Image File history File links John_W._Bricker. ... Image File history File links John_W._Bricker. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... The United States Constitution is the supreme law of the United States of America. ... Seal of the U.S. Senate The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. ... Single European Act A treaty is a binding agreement under international law entered into by actors in international law, namely states and international organizations. ... An executive agreement one of three mechanisms by which the United States enters into binding international agreements. ... John William Bricker (September 6, 1893 – March 22, 1986) was a United States politician from Ohio. ... Official language(s) None Capital Columbus Largest city Columbus Largest metro area Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... American conservatism is a constellation of political ideologies within the United States under the blanket heading of conservative. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ...


Isolationism, the view that the United States should not become embroiled in foreign conflicts and world politics, has always been an element in American politics but was especially strong in the years following World War I. American entry into World War II temporarily suppressed isolationist sentiments but they returned in the post-war years in response to America's new international role, particularly as a reaction to the new United Nations and its affiliated international organizations. Some feared the loss of American sovereignty to these transnational agencies, because of the Soviet Union's role in the spread of international Communism and the Cold War. Isolationism is a foreign policy which combines a non-interventionist military and political policy with a policy of economic nationalism (protectionism). ... Combatants Allied Powers: France Italy Russia Serbia United Kingdom United States Central Powers: Austria-Hungary Bulgaria Germany Ottoman Empire Commanders Douglas Haig John Jellicoe Ferdinand Foch Georges Clemenceau Luigi Cadorna Nicholas II Aleksei Brusilov Woodrow Wilson John Pershing Wilhelm II Paul von Hindenburg Reinhard Scheer Franz Josef I Conrad von... Combatants Major Allied powers: United Kingdom Soviet Union United States Republic of China and others Major Axis powers: Nazi Germany Italy Japan and others Commanders Winston Churchill Joseph Stalin Franklin Roosevelt Harry Truman Chiang Kai-Shek Adolf Hitler Benito Mussolini Hideki Tojo Casualties Military dead: 17,000,000 Civilian dead... The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, and social equity. ... For the political science journal, see: International Organization An international organization (also called intergovernmental organization) is an organization of international scope or character. ... Sovereignty is the exclusive right to exercise supreme political (e. ... This article is about communism as a form of society and as a political movement. ... For other uses, please see Cold War (disambiguation). ...


Frank E. Holman, president of the American Bar Association (ABA), called attention to state and Federal court decisions, notably Missouri v. Holland, which he claimed could give international treaties and agreements precedence over the United States Constitution and could be used by foreigners to threaten American liberties. Senator Bricker was influenced by the ABA's work and first introduced a constitutional amendment in 1951. With substantial popular support and the election of a Republican President and Congress in the election of 1952, Bricker's plan seemed destined to be sent to the individual states for ratification. The best-known version of the Bricker Amendment, considered by the Senate in 1953–54, declared that no treaty could be made by the United States that conflicted with the Constitution, was self-executing without the passage of separate enabling legislation through Congress, or which granted Congress legislative powers beyond those specified in the Constitution. It also limited the president's power to enter into executive agreements with foreign powers. Frank Ezekiel Holman (1886-1967) was an American attorney who after his election as president of the American Bar Association in 1948 led an effort to amend the United States Constitution to limit the power of treaties and executive agreements. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ... Holding Court membership Chief Justice: John Marshall Associate Justices: Bushrod Washington, William Johnson, Henry Brockholst Livingston, Thomas Todd, Gabriel Duvall, Joseph Story Case opinions Majority by: Holmes Laws applied U.S. Const. ... The United States Constitution is the supreme law of the United States of America. ... It has been suggested that Unsuccessful attempts to amend the U.S. Constitution be merged into this article or section. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... The presidential seal was used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ... Seal of the U.S. Congress. ... It has been suggested that Unsuccessful attempts to amend the U.S. Constitution be merged into this article or section. ... An executive agreement one of three mechanisms by which the United States enters into binding international agreements. ...


Bricker's proposal attracted broad bipartisan support and was a focal point of intra-party conflict between the Eisenhower Administration and the Old Right faction of conservative Republican senators. Despite the initial support, the Bricker Amendment was blocked through the intervention of President Dwight D. Eisenhower and failed in the Senate by a single vote in 1954. Three years later the United States Supreme Court explicitly ruled in Reid v. Covert that the Bill of Rights cannot be abrogated by agreements with foreign powers. Nevertheless, Senator Bricker's ideas still have supporters, and new versions of his amendment have been reintroduced in Congress periodically. In a two-party system (such as in the United States), bipartisan refers to any bill, act, resolution, or any other action of a political body in which both of the major political parties are in agreement. ... Dwight David Ike Eisenhower (October 14, 1890–March 28, 1969), American soldier and politician, was the 34th President of the United States (1953–1961) and supreme commander of the Allied forces in Europe during World War II, with the rank of General of the Army. ... In the United States, the Old Right, also called the Old Guard, was a group of libertarian, free-market anti-interventionists, originally associated with the Republicans of the interwar years led by Robert Taft. ... Dwight David Ike Eisenhower (October 14, 1890 – March 28, 1969) was an American soldier and politician. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Reid v. ... A bill of rights can be a statement of certain rights that may be guaranteed to citizens or residents of a society, legal jurisdiction, or nation-state; or an enumeration of rights they would like to have or believe they ought to have. ... The abrogation doctrine is a doctrine in United States constitutional law which permits the U.S. Congress to allow lawsuits seeking monetary damages against individual U.S. states, so long as this is usually done pursuant to a constitutional limitation on the power of the states. ...

Contents

Historical background

This page is a timeline of dates important in consideration of the Bricker Amendment. ...

American isolationism

President George Washington warned Americans of the dangers of foreign alliances.
President George Washington warned Americans of the dangers of foreign alliances.

The Bricker Amendment controversy grew from the strong vein of isolationism, nationalism, and suspicion of foreign influences that has existed from the beginnings of the American republic. "Isolationism was the considered response to foreign and domestic developments of a large, responsible, and respectable segment of the American people," wrote one historian of the movement.[1] The pre-Revolutionary cry of "no taxation without representation!" spoke to the inability of Americans to participate in how they would be governed, a state made clear when British authorities suppressed local government in colonies accustomed to home rule, e.g. Massachusetts.[2] The first President, George Washington, warned his countrymen "to steer clear of permanent alliances with any portion of the foreign world."[3] Under John Adams, his successor, the United States attempted to avoid the conflict between France and the United Kingdom, and passed the Alien and Sedition Acts of 1798 to control foreign citizens.[4] In his inaugural address, President Thomas Jefferson declared that one of "the essential principles of our Government" was "peace, commerce, and honest friendship with all nations, entangling alliances with none."[5] President James Monroe's doctrine (1823) announced the primacy of American influence in the Western Hemisphere.[6] Image File history File links Download high resolution version (972x1184, 124 KB) Description: Title: en: George Washington Technique: en: Oil on Canvas Dimensions: en: 36 x 29 (91. ... Image File history File links Download high resolution version (972x1184, 124 KB) Description: Title: en: George Washington Technique: en: Oil on Canvas Dimensions: en: 36 x 29 (91. ... George Washington (February 22, 1732–December 14, 1799) led Americas Continental Army to victory over Britain in the American Revolutionary War (1775–1783), and was the first President of the United States, from 1789 to 1797. ... Isolationism is a foreign policy which combines a non-interventionist military and political policy with a policy of economic nationalism (protectionism). ... Liberty Leading the People by Eugène Delacroix Nationalism is an ideology [1] that holds that a nation is the fundamental unit for human social life, and takes precedence over any other social and political principles. ... In a broad definition, a republic is a state or country that is led by people whose political power is based on principles that are not beyond the control of the people of that state or country. ... The American Revolution was a political movement that ended British control of the south-eastern coastal area of North America, resulting in the formation of the United States of America in 1776 and sparking the American Revolutionary War. ... No taxation without representation was a rallying cry of the American Revolutionary War. ... It has been suggested that Colonisation be merged into this article or section. ... Devolution or Home rule is the pooling of powers from central government to government at regional or local level. ... Official language(s) English Capital Boston Largest city Boston Area  Ranked 44th  - Total 10,555 sq mi (27,360 km²)  - Width 183 miles (295 km)  - Length 113 miles (182 km)  - % water 13. ... The presidential seal was used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ... George Washington (February 22, 1732–December 14, 1799) led Americas Continental Army to victory over Britain in the American Revolutionary War (1775–1783), and was the first President of the United States, from 1789 to 1797. ... John Adams (October 30, 1735 – July 4, 1826) was a Founding Father of the United States and American politician who served as the first Vice President of the United States (1789–1797), and the second President of the United States (1797–1801). ... Combatants Kingdom of Great Britain, Austria, Prussia, Spain, Russia, Sardinia France The French Revolutionary Wars occurred between the outbreak of war between the French Revolutionary government and Austria in 1792 and the Treaty of Amiens in 1802. ... ... Thomas Jefferson (April 13, 1743 N.S. – July 4, 1826) was the third President of the United States (1801–1809), the principal author of the Declaration of Independence (1776), and an influential founder of the United States. ... James Monroe (April 28, 1758 – July 4, 1831) was the fifth (1817–1825) President of the United States and author of the Monroe Doctrine. ... U.S. President James Monroe. ...


In the Twentieth Century, America was initially neutral in World War I and avoided entering the conflict for three years. President Woodrow Wilson, a Democrat, won reelection in 1916 with the slogan "he kept us out of war," although subsequently leading the U.S. into the conflict. Once hostilities were concluded, Republican Senators William E. Borah of Idaho and Henry Cabot Lodge of Masschusetts led like-minded colleagues in the United States Senate to reject the Treaty of Versailles (1919) and to avoid joining both international agencies created by it, the League of Nations and the World Court, for fear of losing American sovereignty.[7] (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s The 20th century lasted from 1901 to 2000 in the Gregorian calendar (often from (1900 to 1999 in common usage). ... Combatants Allied Powers: France Italy Russia Serbia United Kingdom United States Central Powers: Austria-Hungary Bulgaria Germany Ottoman Empire Commanders Douglas Haig John Jellicoe Ferdinand Foch Georges Clemenceau Luigi Cadorna Nicholas II Aleksei Brusilov Woodrow Wilson John Pershing Wilhelm II Paul von Hindenburg Reinhard Scheer Franz Josef I Conrad von... Thomas Woodrow Wilson (December 28, 1856 – February 3, 1924) was the 28th President of the United States (1913–1921). ... The Democratic Party is one of two major political parties in the United States, the other being the Republican Party. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... William Edgar Borah (NSHC statue) William Edgar Borah (June 29, 1865 – January 19, 1940) was an American politician. ... Official language(s) None Capital Boise Largest city Boise Area  Ranked 14th  - Total 83,642 sq. ... Henry Cabot Lodge Henry Cabot Lodge (May 12, 1850 – November 9, 1924), was an American statesman and Republican politician, and noted historian. ... State nickname: Bay State Other U.S. States Capital Boston Largest city Boston Governor Mitt Romney (R) Senators Edward Kennedy (D) John Kerry (D) Official language(s) English Area 27,360 km² (44th)  - Land 20,317 km²  - Water 7,043 km² (25. ... Seal of the U.S. Senate The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. ... Woodrow Wilson with the American Peace Commissioners For other treaties with this name, see Treaty of Versailles (disambiguation) The Treaty of Versailles (1919) was the peace treaty, which officially ended World War I between the Allied and Associated Powers and the German Empire. ... The Palais des Nations in Geneva, Switzerland, built between 1929 and 1938, was constructed as the Leagues headquarters. ... The Permanent Court of International Justice was the international court of the League of Nations established in 1922. ... Sovereignty is the exclusive right to exercise supreme political (e. ...


This fear of foreign control was long associated with anti-Catholicism and attendant allegations of Catholic dual loyalty to their country and the Pope, stemming from America's British Protestant roots. As late as the 1960 presidential election, in which President John F. Kennedy became America's first Catholic chief executive, there were Americans who believed Catholics' first loyalty would be to the Pope and not the United States.[8] Previous concerns about "foreign influence" led to restrictive laws such as the Chinese Exclusion Act of 1882, the Johnson-Reed Act of 1924, the Smith Act of 1940, and numerous state laws restricting foreigners from engaging in business or owning land. Similarly, America long maintained a protectionist trade policy with high tariffs on foreign products, notably the Hawley-Smoot Tarriff of 1930. The Roman Catholic Church, most often spoken of simply as the Catholic Church, is the largest Christian church, with over one billion members. ... Dual loyalty is a term used to describe, a situation where a person has loyalty to two separate interests which potentially conflict with each other. ... The current Pope is Benedict XVI (born Joseph Alois Ratzinger), who was elected at the age of 78 on 19 April 2005. ... The 1960 Presidential Election in the United States was a very close contest in which Democrat John F. Kennedy defeated Republican Richard M. Nixon. ... John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), also referred to as John F. Kennedy, JFK, John Kennedy, or Jack Kennedy, was the 35th President of the United States. ... The current Pope is Benedict XVI (born Joseph Alois Ratzinger), who was elected at the age of 78 on 19 April 2005. ... The Chinese Exclusion Act was a United States federal law passed on May 6, 1882, following 1880 revisions to the Burlingame Treaty of 1868. ... President Coolidge signs the immigration act on the White House South Lawn along with appropriation bills for the Veterans Bureau. ... The Alien Registration Act or Smith Act () of 1940 is a United States federal statute that made it a criminal offense for anyone to knowingly or willfully advocate, abet, advise or teach the duty, necessity, desirability or propriety of overthrowing the Government of the United States or of any State... Protectionism is the economic policy of restraining trade between nations, through methods such as high tariffs on imported goods, restrictive quotas, a variety of restrictive government regulations designed to discourage imports, and anti-dumping laws in an attempt to protect domestic industries in a particular nation from foreign take-over... International trade is defined as trade between two or more partners from different countries (an exporter and an importer). ... A tariff is a tax on imported goods. ... Representative W.C. Hawley, and Senator Reed Smoot shake hands in agreement on new tariff bill The Hawley-Smoot Tariff (or Smoot-Hawley Tariff Act)[1] raised U.S. tariffs on over 20,000 imported goods to record levels, and, in the opinion of many economists, protracted or even initiated...

President Franklin Delano Roosevelt faced strong opposition from isolationists.
President Franklin Delano Roosevelt faced strong opposition from isolationists.

In the 1930s, legislators of both parties opposed American involvement in the conflicts in Asia and Europe. Between 1934 and 1936, Senator Gerald P. Nye held dramatic hearings attempting to show that America was forced into World War I by an alliance of arms merchants, bankers, and foreign influences.[9] In response, Congress passed, and President Franklin Delano Roosevelt signed, Senator Nye's Neutrality Act of 1935 to preclude American involvement in another European war. Image File history File links Download high resolution version (979x967, 788 KB) Description: Franklin Delano Roosevelt, 1933. ... Image File history File links Download high resolution version (979x967, 788 KB) Description: Franklin Delano Roosevelt, 1933. ... Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ... Isolationism is a foreign policy which combines a non-interventionist military and political policy with a policy of economic nationalism (protectionism). ... World map showing the location of Asia. ... World map showing Europe Political map (neighbouring countries in Asia and Africa also shown) Europe is one of the seven traditional continents of the Earth. ... Gerald Nye Gerald Prentice Nye (December 19, 1892–July 17, 1971) was a United States legislator and political activist, serving in the U.S. Senate from the 1920s to the 1940s. ... The Nye Committee studied the causes of United States involvement in World War I between 1934 and 1936. ... Seal of the U.S. Congress. ... Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ... Several United States laws have been called Neutrality Acts: The Neutrality Act of 1935 prohibited American citizens from selling arms to belligerents in international war. ...


Several times after the conclusion of World War I, constitutional amendments were proposed in Congress to require a nationwide referendum on declaring war.[10] When President Roosevelt in 1937 proposed a "quarantine" of aggressing nations such as Japan, he found little support, remarking "It's a terrible thing to look over your shoulder when you are trying to lead—and find no one there."[11] The America First Committee, formed in 1940 to keep the United States out of World War II, included Americans across the political spectrum from socialist Norman M. Thomas, journalist John T. Flynn of The New Republic, and Senator Burton K. Wheeler of Montana on the left to Chicago Tribune publisher Colonel Robert R. McCormick, Sears, Roebuck chairman General Robert E. Wood, and Senator Nye on the right.[12] Prior to America's entry into World War II, President Roosevelt proposed helping the United Kingdom against Nazi Germany; in response, Senator Wheeler famously declared "the lend-lease-give program is the New Deal's triple-A foreign policy; it will plow under every fourth American boy."[13] Senator Wheeler was even thought to have leaked the United States's Rainbow 5 War plan Orange for use against Japan only days before the attack on Pearl Harbor on December 7, 1941.[14] Typical of American sentiment was the title of an anti-interventionist book, Why Meddle in Europe?[15] Even Bainbridge Colby, Secretary of State under Woodrow Wilson, testified to the Senate Foreign Relations Committee in 1939 that entering World War I had been a mistake and the United States would have been better off even if Germany had won that conflict.[16] Combatants Allied Powers: France Italy Russia Serbia United Kingdom United States Central Powers: Austria-Hungary Bulgaria Germany Ottoman Empire Commanders Douglas Haig John Jellicoe Ferdinand Foch Georges Clemenceau Luigi Cadorna Nicholas II Aleksei Brusilov Woodrow Wilson John Pershing Wilhelm II Paul von Hindenburg Reinhard Scheer Franz Josef I Conrad von... The America First Committee was the foremost pressure group against American entry into the Second World War. ... Combatants Major Allied powers: United Kingdom Soviet Union United States Republic of China and others Major Axis powers: Nazi Germany Italy Japan and others Commanders Winston Churchill Joseph Stalin Franklin Roosevelt Harry Truman Chiang Kai-Shek Adolf Hitler Benito Mussolini Hideki Tojo Casualties Military dead: 17,000,000 Civilian dead... Norman Thomas Norman Mattoon Thomas (November 20, 1884 - December 19, 1968) was a leading American socialist, pacifist, and six-time presidential candidate for the Socialist Party of America. ... John Thomas Flynn (1882-1964) originally gained fame in Washington, D.C. for his writings in the New Republic, where he wrote articles defending socialist positions. ... For other uses, see the disambiguation section. ... Time magazine, June 18, 1923 Burton Kendall Wheeler (February 27, 1882–January 6, 1975) was an American politician. ... This article or section does not cite its references or sources. ... The Chicago Tribune is a major daily newspaper based in Chicago, Illinois. ... This article or section does not cite its references or sources. ... Sears, Roebuck and Company (NYSE: S) was founded in Chicago, Illinois as a catalog merchandiser in 1886 by Richard Sears and Alvah Roebuck. ... Robert Elkington Wood (June 13, 1879 - November 6, 1969) was an American soldier and businessman best known for his leadership of Sears, Roebuck and Company. ... The Lend-Lease program was a program of the United States during World War II that allowed the United States to provide the Allied Powers with war material without becoming directly involved in the war. ... Wikiquote has a collection of quotations related to: New Deal For other uses of New Deal and The New Deal, see New Deal (disambiguation). ... The United States Agricultural Adjustment Act (AAA) (P.L. 73-10 of May 12, 1933) restricted production during the New Deal by paying farmers to reduce crop area. ... This article or section does not cite its references or sources. ... This article needs a complete rewrite for the reasons listed on the talk page. ... War Plan Orange was the US Navy war plan for dealing with Japan in World War II. The general idea was that it would take a while to get going, and during that time the US would mobilize the Pacific Fleet (in peacetime, each ship had only half of its... Combatants United States Empire of Japan Commanders Husband Kimmel (USN), Walter Short (USA) Chuichi Nagumo (IJN) Strength 8 battleships, 8 cruisers, 29 destroyers, 9 submarines, ~50 other ships, ~390 planes 6 aircraft carriers, 2 battleships, 3 cruisers, 9 destroyers, 8 tankers, 23 fleet submarines, 5 midget submarines, 441 planes Casualties... December 7 is the 341st day (342nd in leap years) of the year in the Gregorian calendar. ... This article is about the year. ... Categories: Stub | 1869 births | 1950 deaths | U.S. Secretaries of State ... Secretary of State Condoleezza Rice. ... Thomas Woodrow Wilson (December 28, 1856 – February 3, 1924) was the 28th President of the United States (1913–1921). ... U.S. Senate Committee on Foreign Relations is a standing committee of the United States Senate. ... Combatants Allied Powers: France Italy Russia Serbia United Kingdom United States Central Powers: Austria-Hungary Bulgaria Germany Ottoman Empire Commanders Douglas Haig John Jellicoe Ferdinand Foch Georges Clemenceau Luigi Cadorna Nicholas II Aleksei Brusilov Woodrow Wilson John Pershing Wilhelm II Paul von Hindenburg Reinhard Scheer Franz Josef I Conrad von...


Fears return after World War II

Flag of the United Nations. Many Americans were fearful in the 1940s that the United Nations could interfere in the country's internal affairs.
Flag of the United Nations. Many Americans were fearful in the 1940s that the United Nations could interfere in the country's internal affairs.

The attack on Pearl Harbor temporarily silenced American isolationism; the America First Committee disbanded within days.[17] However, in the final days of World War II, isolationism began its resurgence — isolationists had spoken against ratification of the United Nations Charter but were unsuccessful in preventing the United States from becoming a founding member of the United Nations.[18] Suspicions of the U.N. and its associated international organizations were fanned by conservatives, most notably by Frank E. Holman, an attorney from Seattle, Washington in what has been called a "crusade."[19] Image File history File links Flag_of_the_United_Nations. ... Image File history File links Flag_of_the_United_Nations. ... The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, and social equity. ... Combatants United States Empire of Japan Commanders Husband Kimmel (USN), Walter Short (USA) Chuichi Nagumo (IJN) Strength 8 battleships, 8 cruisers, 29 destroyers, 9 submarines, ~50 other ships, ~390 planes 6 aircraft carriers, 2 battleships, 3 cruisers, 9 destroyers, 8 tankers, 23 fleet submarines, 5 midget submarines, 441 planes Casualties... The America First Committee was the foremost pressure group against American entry into the Second World War. ... Combatants Major Allied powers: United Kingdom Soviet Union United States Republic of China and others Major Axis powers: Nazi Germany Italy Japan and others Commanders Winston Churchill Joseph Stalin Franklin Roosevelt Harry Truman Chiang Kai-Shek Adolf Hitler Benito Mussolini Hideki Tojo Casualties Military dead: 17,000,000 Civilian dead... This article or section does not cite its references or sources. ... The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, and social equity. ... For the political science journal, see: International Organization An international organization (also called intergovernmental organization) is an organization of international scope or character. ... Frank Ezekiel Holman (1886-1967) was an American attorney who after his election as president of the American Bar Association in 1948 led an effort to amend the United States Constitution to limit the power of treaties and executive agreements. ... Nickname: The Emerald City Location of Seattle in King County and Washington Coordinates: Country United States State Washington County King County Incorporated December 2, 1869 Mayor Greg Nickels Area    - City 369. ...


Holman, a Utah native and Rhodes scholar, was elected president of the American Bar Association in 1947 and dedicated his term as president to warning Americans of the dangers of "treaty law."[20] While Article II of the United Nations Charter stated "Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state," an international analogue to the Tenth Amendment, Holman saw the work of the U.N. on the proposed Genocide Convention and Universal Declaration of Human Rights[21] and numerous proposals of the International Labor Organization, a body created under the League of Nations, as being far outside the UN's powers and an invasion against American liberties.[22] Official language(s) English Capital Salt Lake City Largest city Salt Lake City Area  Ranked 13th  - Total 84,876 sq mi (219,887 km²)  - Width 270 miles (435 km)  - Length 350 miles (565 km)  - % water 3. ... Rhodes House in Oxford Rhodes Scholarships were created by Cecil John Rhodes. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ... This article or section does not cite its references or sources. ... Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. ... The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the UN General Assembly in December 1948 and came into effect in January 1951. ... Wikisource has original text related to this article: Universal Declaration of Human Rights The Universal Declaration of Human Rights (also UDHR) is a declaration adopted by the United Nations General Assembly (A/RES/217, December 10, 1948 at Palais de Chaillot, Paris), outlining the organizations view on the human... For other meanings of the ILO abbreviation, see ILO (disambiguation). ... The Palais des Nations in Geneva, Switzerland, built between 1929 and 1938, was constructed as the Leagues headquarters. ...


Holman cautioned the Genocide Convention would subject Americans to the jurisdiction of foreign courts with unfamiliar procedures and without the protections afforded under the Bill of Rights. He said the Convention's language was sweeping and vague and offered a scenario where a white motorist who struck and killed a black child could be extradited to The Hague on genocide charges.[23] Holman's critics claimed the language was no more sweeping or vague than the state and Federal statutes that American courts interpreted every day. Duane Tananbaum, the leading historian of the Bricker Amendment, wrote "most of ABA's objections to the Genocide Convention had no basis whatsoever in reality" and his example of a car accident becoming an international incident was not possible.[24] Eisenhower's Attorney General Herbert Brownell called this scenario "outlandish".[25] Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ... Arms of The Hague Flag of The city of The Hague. ... Alberto Gonzales, current Attorney General of the United States The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. ... Herbert Brownell, Jr. ...


But Holman's hypothetical especially alarmed Southern Democrats who had gone to great lengths to obstruct Federal action targeted at ending the Jim Crow system of segregation in the American South. They feared that, if ratified, the Genocide Convention could be used in conjunction with the Constitution's necessary-and-proper clause to pass a Federal civil rights law (despite the conservative view that such a law would go beyond the enumerated powers of Article I, Section 8.)[26] President Eisenhower's aide Arthur Larson said Holman's warnings were part of "all kinds of preposterous and legally lunatic scares [that] were raised," including "that the International Court would take over our tariff and immigration controls, and then our education, post offices, military and welfare activities."[27] In Holman's own book advancing the Bricker Amendment he wrote the U.N. Charter meant the Federal government could: Southern Democrats are members of the U.S. Democratic Party who reside in the U.S. South. ... Jim Crow laws were state and local laws enacted in the Southern and border states of the United States and in force between 1876 and 1964 that required racial segregation, especially of African-Americans, in all public facilities. ... Segregation means separation. ... The necessary and proper clause (also known as the elastic clause) refers to a provision (section eight, clause 18) in Article One of the United States Constitution granting Congress the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... Enumerated powers is a term referring to Article 1 Section 8 of the United States Constitution which lists the specific powers of legislation granted to the United States Congress. ... This article, image, template or category should belong in one or more categories. ... Peace Palace, seat of the ICJ. The International Court of Justice (known colloquially as the World Court or ICJ; French: Cour internationale de justice) is the principal judicial organ of the United Nations. ...

control and regulate all education, including public and parochial schools, it could control and regulate all matters affecting civil rights, marriage, divorce, etc; it could control all our sources of production of foods and the products of the farms and factories; . . . it could regiment labor and conditions of employment.[28]

Legal background

The Constitution of the United States of America granted the Federal government control of foreign affairs.
The Constitution of the United States of America granted the Federal government control of foreign affairs.

The United States Constitution, effective in 1789, gave the Federal government power over foreign affairs and restricted the individual States' authority in this realm. Article I, section ten provides, "no State shall enter into any Treaty, Alliance, or Confederation" and that "no State shall, without the Consent of the Congress . . . enter into any Agreement or Compact with another State or with a foreign Power." The Federal government's primacy was made clear in the supremacy clause of Article VI, which declares, "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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."[29] While executive agreements were not mentioned in the Constitution, Congress authorized them for delivery of the mail as early as 1792.[30] Image File history File linksMetadata Download high resolution version (3629x4392, 1639 KB) File links The following pages link to this file: United States Constitution Metadata This file contains additional information, probably added from the digital camera or scanner used to create or digitize it. ... Image File history File linksMetadata Download high resolution version (3629x4392, 1639 KB) File links The following pages link to this file: United States Constitution Metadata This file contains additional information, probably added from the digital camera or scanner used to create or digitize it. ... The United States Constitution is the supreme law of the United States of America. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution states the establishment of the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... An executive agreement one of three mechanisms by which the United States enters into binding international agreements. ...

Early precedents

Constitutional scholars note that the supremacy clause was designed to protect the only significant treaty into which the infant United States had entered: the Treaty of Paris of 1783, which ended the Revolutionary War and under which the United Kingdom recognized America as an independent nation.[31] Nonetheless, its wording ignited fear of the potential abuse of the treaty power from the beginning. For example, the North Carolina ratifying convention that approved the Constitution did so with a reservation asking for a constitutional amendment that Painting by Benjamin West depicting John Jay, John Adams, Benjamin Franklin, Henry Laurens, and William Temple Franklin. ... The American Revolution was a political movement that ended British control of the south-eastern coastal area of North America, resulting in the formation of the United States of America in 1776 and sparking the American Revolutionary War. ... This article is the current U.S. Collaboration of the Week. ... Besides the more common method, Article V establishes the possibility of conventions within the individual states to ratify an amendment to the United States Constitution. ...

No treaties which shall be directly opposed to the existing laws of the United States in Congress assembled shall be valid until such laws shall be repealed, or made conformable to such treaty; nor shall any treaty be valid which is contradictory to the Constitution of the United States.[32]

Early legal precedents striking down State laws that conflicted with Federally-negotiated international treaties arose from the peace treaty with Britain,[33] but subsequent treaties were found to trump city ordinances,[34] state laws on escheat of land owned by foreigners[35] and, in the 20th Century, state laws regarding tort claims.[36] Subsequently, in a case involving a treaty concluded with the Cherokee Indians, the Supreme Court declared "It need hardly be said that a treaty cannot change the Constitution or be held valid if it be in violation of that instrument. This results from the nature and fundamental principles of our government. The effect of treaties and acts of Congress, when in conflict, is not settled by the Constitution. But the question is not involved in any doubt as to its proper solution. A treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty."[37] Escheat is an obstruction of the course of descent and the consequent reversion of property to the original grantor. ... Alternate meanings: Cherokee (disambiguation) The Cherokee are a people native to North America who first inhabited what is now the eastern and southeastern United States before most were forcefully moved to the Ozark Plateau. ...


Likewise, in a case regarding ownership of land by foreign nationals, the Court wrote "The treaty power, as expressed in the constitution, is in terms unlimited, except by those restraints which are found in that instrument against the action of the government, or of its departments, and those arising from the nature of the government itself, and of that of the states. It would not be contended that it extends so far as to authorize what the constitution forbids, or a change in the character of the government, or in that of one of the states, or a cession of any portion of the territory of the latter, without its consent. But, with these exceptions, it is not perceived that there is any limit to the questions which can be adjusted touching any matter which is properly the subject of negotiation with a foreign country."[38] Justice Stephen Johnson Field, dissenting in an 1898 immigration case, wrote "that statutes enacted by Congress, as well as treaties made by the president and senate, must yield to the paramount and supreme law of the constitution."[39] Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an associate justice of the United States Supreme Court from May 20, 1863, to December 1, 1897. ...


However, these prior statements seemed to be overruled by the Court's 1920 decision in Missouri v. Holland. Holding Court membership Chief Justice: John Marshall Associate Justices: Bushrod Washington, William Johnson, Henry Brockholst Livingston, Thomas Todd, Gabriel Duvall, Joseph Story Case opinions Majority by: Holmes Laws applied U.S. Const. ...


Twentieth century rulings

Missouri v. Holland

Main article: Missouri v. Holland
Justice Oliver Wendell Holmes's opinion in Missouri v. Holland was cited as a justification of the Bricker Amendment.
Justice Oliver Wendell Holmes's opinion in Missouri v. Holland was cited as a justification of the Bricker Amendment.

The precedent most often cited by critics of "treaty law" was Missouri v. Holland.[40] Congress had attempted to protect migratory birds by statute,[41] but federal and state courts declared the law unconstitutional.[42] The United States subsequently negotiated and ratified a treaty with Canada to achieve the same purpose,[43] Congress then passed the Migratory Bird Treaty Act of 1918 to enforce it.[44] In Missouri v. Holland, the United States Supreme Court upheld the constitutionality of the new law. Justice Oliver Wendell Holmes, writing for the Court, declared: Holding Court membership Chief Justice: John Marshall Associate Justices: Bushrod Washington, William Johnson, Henry Brockholst Livingston, Thomas Todd, Gabriel Duvall, Joseph Story Case opinions Majority by: Holmes Laws applied U.S. Const. ... This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... Oliver Wendell Holmes, Jr. ... Holding Court membership Chief Justice: John Marshall Associate Justices: Bushrod Washington, William Johnson, Henry Brockholst Livingston, Thomas Todd, Gabriel Duvall, Joseph Story Case opinions Majority by: Holmes Laws applied U.S. Const. ... Long-distance land bird migration Many species of land birds migrate very long distances, the most common pattern being for birds to breed in the temperate or arctic northern hemisphere and winter in warmer regions, often in the tropics or the southern hemisphere. ... It has been suggested that this article or section be merged into constitutionality. ... Under United States Code Title 16, Chapter 7, Subchapter II, the Migratory Bird Treaty Act of 1918 is the United States legislation implementing the convention between the U.S. and Great Britain (for Canada). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Oliver Wendell Holmes was the name of two prominent men, father and son: Oliver Wendell Holmes, Sr. ...

Acts of Congress are the supreme law of the land only when made in pursuance of the Constitution, while treaties are declared to be so when made under the authority of the United States. It is open to question whether the authority of the United States means more than the formal acts prescribed to make the convention. We do not mean to imply that there are no qualifications to the treaty-making power; but they must be ascertained in a different way. It is obvious that there may be matters of the sharpest exigency for the national well being that an act of Congress could not deal with but that a treaty followed by such an act could, and it is not lightly to be assumed that, in matters requiring national action, 'a power which must belong to and somewhere reside in every civilized government' is not to be found.[45]

Proponents of the Bricker Amendment said this language made it essential to add to the Constitution explicit limitations on the treaty-making power. Raymond Moley wrote in 1953 that Holland meant "the protection of an international duck takes precedence over the constitutional protections of American citizens."[46] In response, legal scholars such as Professor Edward Samuel Corwin of Princeton University said the language of the Constitution regarding treaties—"under the authority of the United States"—was misunderstood by Holmes, and was written to protect the 1783 peace treaty with Britain; this became "in part the source of Senator Bricker's agitation."[47] Professor Zechariah Chafee, Jr., of Harvard Law School wrote "the Framers never talked about having treaties on the same level as the Constitution. What they did want was to make sure a state could no longer flout any lawful action taken by the nation." "Supreme", as used in Article VI, Chafee claimed, "means simply supreme over the states."[48] Raymond Moley, a leading New Dealer who became its bitter opponent. ... Edward Samuel Corwin (January 19, 1878 – April 23, 1963) was president of the American Political Science Association. ... Princeton University is a coeducational private university located in Princeton, New Jersey. ... Zechariah Chafee, Jr. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ... The Founding Fathers of the United States, also known to some Americans as the Fathers of Our Country, the Forefathers, Framers or the Founders are the men who signed the Declaration of Independence, United States Constitution or otherwise participated in the American Revolution as leaders of the Patriots. ...


Pink and Belmont

President Franklin Delano Roosevelt (center) at Yalta in 1945, where he made an agreement with Winston S. Churchill and Joseph Stalin that conservatives said showed the need for a constitutional amendment.
President Franklin Delano Roosevelt (center) at Yalta in 1945, where he made an agreement with Winston S. Churchill and Joseph Stalin that conservatives said showed the need for a constitutional amendment.

Two additional cases frequently cited by proponents of the Amendment were both related to the Roosevelt Administration's recognition of the Soviet government in 1933. In the course of recognizing the USSR, letters were exchanged with the Soviet Union's foreign minister, Maxim Litvinov, to settle claims between the two countries, in an agreement neither sent to the Senate nor ratified by it. In Belmont v. United States the constitutionality of executive agreements was tested in the Supreme Court.[49] Justice George Sutherland, writing for the majority, upheld the power of the president, finding: New version of photograph of Churchill, Roosevelt, and Stalin at the Yalta Conference. ... New version of photograph of Churchill, Roosevelt, and Stalin at the Yalta Conference. ... Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ... Yalta (Ukrainian: , Russian: , Crimean Tatar: ) is a city in Crimea, southern Ukraine, on the north coast of the Black Sea. ... The Yalta Conference, sometimes called the Crimea conference and codenamed the Argonaut Conference, was the wartime meeting from February 4 to 11, 1945 between the heads of government of the United States, the United Kingdom and the Union of Soviet Socialist Republics. ... The Right Honourable Sir Winston Leonard Spencer-Churchill KG, OM, CH, FRS (November 30, 1874 - January 24, 1965) was a British politician, best known as Prime Minister of the United Kingdom during World War II. At various times an author, soldier, journalist, and legislator, Churchill is generally regarded as one... Stalin redirects here. ... Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ... Soviet redirects here. ... Maxim Litvinov Maxim Maksimovich Litvinov (ru: Макси́м Макси́мович Литви́нов) (July 17, 1876–December 31, 1951) was a Russian revolutionary and prominent Soviet diplomat. ... An executive agreement one of three mechanisms by which the United States enters into binding international agreements. ... George Sutherland (March 25, 1862 – July 18, 1942) was an English-born U.S. jurist and political figure. ...

That the negotiations, acceptance of the assignment and agreements and understandings in respect thereof were within the competence of the President may not be doubted. Governmental power over external affairs is not distributed, but is vested exclusively in the national government. And in respect of what was done here, the Executive had authority to speak as the sole organ of that government. The assignment and the agreements in connection therewith did not, as in the case of treaties, as that term is used in the treaty making clause of the Constitution (article 2, 2), require the advice and consent of the Senate.[50]

A second case from the Litvinov agreement, United States v. Pink, also went to the Supreme Court.[51] In Pink, the New York State Superintendent of Insurance was ordered to turn over assets belonging to a Russian insurance company pursuant to the Litvinov assignment. The United States sued New York to claim the money held by the Insurance Superintendent, and lost in lower courts. However, the Supreme Court held New York was interfering with the President's exclusive power over foreign affairs, independent of any language in the Constitution—a doctrine it enunciated in United States v. Curtiss-Wright Export Corp.[52]—and ordered New York to pay the money to the Federal Government. The Court declared, "the Fifth Amendment does not stand in the way of giving full force and effect to the Litvinov Assignment"[53] and United States v. ... The Fifth Amendment may refer to the: Fifth Amendment to the United States Constitution - part of the Bill of Rights. ...

The powers of the President in the conduct of foreign relations included the power, without consent of the Senate, to determine the public policy of the United States with respect to the Russian nationalization decrees. What government is to be regarded here as representative of a foreign sovereign state is a political rather than a judicial question, and is to be determined by the political department of the government. That authority is not limited to a determination of the government to be recognized. It includes the power to determine the policy which is to govern the question of recognition. Objections to the underlying policy as well as objections to recognition are to be addressed to the political department and not to the courts.[54]

Rulings during Congressional debate

Unlike in Pink and Belmont, an executive agreement on potato imports from Canada, litigated in United States v. Guy W. Capps, Inc., another oft cited case, the courts declared an agreement unenforceable.[55] In Capps the courts found that the agreement, which directly contradicted a statute passed by Congress, could not be enforced. Binomial name Solanum tuberosum L. The potato (Solanum tuberosum) is a perennial plant of the Solanaceae, or nightshade, family, commonly grown for its starchy tuber. ...


But the dissent of Chief Justice Fred M. Vinson in the "steel seizure case" alarmed conservatives. President Harry S. Truman had nationalized the American steel industry to prevent a strike he claimed would interfere with the prosecution of the Korean War. Though the United States Supreme Court found this illegal, Vinson's defence of this sweeping exercise of executive authority was used to justify the Bricker Amendment.[56] Those warning of "treaty law" claimed that in the future, Americans could be endangered with the use of the executive powers Vinson supported. The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the Supreme Court of the United States. ... Frederick Moore Vinson (January 22, 1890–September 8, 1953) served the United States in all three branches of government. ... Harry S. Truman (May 8, 1884 – December 26, 1972) was the thirty-third President of the United States (1945–1953); as Vice President, he succeeded to the office upon the death of Franklin D. Roosevelt. ... Nationalization is the act of taking assets into state ownership. ... Steel framework Steel is a metal alloy whose major component is iron, with carbon being the primary alloying material. ... Combatants UN combatants: Republic of Korea United States United Kingdom Communist combatants: Democratic People’s Republic of Korea People’s Republic of China Soviet Union Commanders Syngman Rhee Chung Il Kwon Douglas MacArthur Mark W. Clark Matthew Ridgway Kim Il-sung Choi Yong-kun Peng Dehuai Strength Note: All figures... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...


State precedents

Some state courts issued rulings in the 1940s and 1950s that relied on the United Nations Charter, much to the alarm of Holman and others. In Fujii v. California, a California law restricting the ownership of land by aliens was ruled by a state appeals court to be a violation of the U.N. Charter.[57] In Fujii, the Court declared "The Charter has become 'the supreme Law of the Land . . . any Thing in the Constitution of Laws of any State to the Contrary notwithstanding.' The position of this country in the family of nations forbids trafficking innocuous generalities but demands that every State in the Union accept and act upon the Charter according to its plain language and its unmistakable purpose and intent."[58] However, the California Supreme Court overruled, declaring that while the Charter was "entitled to respectful consideration by the courts and Legislatures of every member nation," it was "not intended to supersede existing domestic legislation."[59] Similarly, a New York trial court refused to consider the U.N. Charter in an effort to strike down racially restrictive covenants in housing, declaring "these treaties have nothing to do with domestic matters," citing Article 2, Section 7 of the Charter.[60] In another covenant case, the Michigan Supreme Court discounted efforts to use the Charter, saying "these pronouncements are merely indicative of a desirable social trend and an objective devoutly to be desired by all well-thinking peoples."[61] These words were quoted with approval by the Iowa Supreme Court in overturning a lower court decision that relied on the Charter, noting the Charter's principles "do not have the force or effect of superseding our laws."[62] This article or section does not cite its references or sources. ... The Michigan Supreme Court is the highest court in the State of Michigan, that is the court of last resort. ... The Iowa Supreme Court is the constitutional head of the judicial branch of the state of Iowa. ...


Internationalization and the United Nations

John Foster Dulles said restrictions were needed on treaties, until he became Secretary of State in the Eisenhower Administration.
John Foster Dulles said restrictions were needed on treaties, until he became Secretary of State in the Eisenhower Administration.

Following the Second World War, various treaties were proposed under the aegis of the United Nations, in the spirit of collective security and internationalism that followed the global conflict of the preceding years. In particular, the Genocide Convention, which made a crime of "causing serious mental harm" to "a national, ethnic, racial, or religious group" and the Universal Declaration of Human Rights, which contained sweeping language about health care, employment, vacations, and other subjects outside the traditional scope of treaties, were considered problematic by isolationists and advocates of limited government.[63] Historian Stephen E. Ambrose described the suspicions of Americans: "Southern leaders feared that the U.N. commitment to human rights would imperil segregation; the American Medical Association feared it would bring about socialized medicine."[64] It was, the American Bar Association declared, "one of the greatest constitutional crises the country has ever faced."[65] John Foster Dulles This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... John Foster Dulles This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... John Foster Dulles John Foster Dulles (February 2, 1888 – May 24, 1959) was an American statesman who served as Secretary of State under President Dwight D. Eisenhower from 1953 to 1959. ... Secretary of State Condoleezza Rice. ... Dwight David Ike Eisenhower (October 14, 1890–March 28, 1969), American soldier and politician, was the 34th President of the United States (1953–1961) and supreme commander of the Allied forces in Europe during World War II, with the rank of General of the Army. ... Combatants Major Allied powers: United Kingdom Soviet Union United States Republic of China and others Major Axis powers: Nazi Germany Italy Japan and others Commanders Winston Churchill Joseph Stalin Franklin Roosevelt Harry Truman Chiang Kai-Shek Adolf Hitler Benito Mussolini Hideki Tojo Casualties Military dead: 17,000,000 Civilian dead... Collective Security is a system aspiring to the maintenance of peace, in which participants agree that any breach of the peace is to be declared to be of concern to all the participating states, and will result in a collective response. ... Health care or healthcare is the prevention, treatment, and management of illness and the preservation of mental and physical well-being through the services offered by the medical, nursing, and allied health professions [1]. The organised provision of such services may constitute a healthcare system. ... Employment is a contract between two parties, one being the employer and the other being the employee. ... Vacation is a term used in English speaking North America to describe time away from work or school, a trip abroad, or simply a pleasure trip away from home. ... Stephen Ambrose, at the 2001 premier of Band of Brothers Stephen Edward Ambrose (January 10, 1936 - October 13, 2002) was a popular historian and biographer of Dwight Eisenhower and Richard Nixon. ... Segregation means separation. ... The American Medical Association (AMA) is the largest association of medical doctors in the United States. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ...


Conservatives were worried that these treaties could be used to expand the power of the Federal government at the expense of the people and the states. In a speech to the American Bar Association's regional meeting at Louisville, Kentucky on April 11, 1952, John Foster Dulles, an American delegate to the United Nations, said, "Treaties make international law and they also make domestic law. Under our Constitution, treaties become the Supreme Law of the Land. They are indeed more supreme than ordinary laws, for Congressional laws are invalid if they do not conform to the Constitution, whereas treaty laws can override the Constitution." Dulles said the power to make treaties "is an extraordinary power liable to abuse."[66] Senator Everett McKinley Dirksen, a Republican of Illinois, declared "we are in a new era of international organizations. They are grinding out treaties like so many eager beavers which will have effects on the rights of American citizens."[67] Eisenhower's Attorney General Herbert Brownell admitted executive agreements "had sometimes been abused in the past."[68] Frank E. Holman wrote Secretary of State George C. Marshall in November 1948 regarding the dangers of the Human Rights Declaration, receiving the dismissive reply that the agreement was "merely declaratory in character" and had no legal effect.[69] The conservative ABA called for a Constitutional amendment to address what they perceived to be a potential abuse of executive power. Holman described the threat: American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ... Louisville redirects here. ... April 11 is the 101st day of the year in the Gregorian calendar (102nd in leap years). ... 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... John Foster Dulles John Foster Dulles (February 2, 1888 – May 24, 1959) was an American statesman who served as Secretary of State under President Dwight D. Eisenhower from 1953 to 1959. ... The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, and social equity. ... Everett McKinley Dirksen (January 4, 1896 – September 7, 1969) was a Republican U.S. Congressman and Senator from Illinois. ... Official language(s) English Capital Springfield Largest city Chicago Area  Ranked 25th  - Total 57,918 sq mi (149,998 km²)  - Width 210 miles (340 km)  - Length 390 miles (629 km)  - % water 4. ... Alberto Gonzales, current Attorney General of the United States The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. ... Herbert Brownell, Jr. ... Secretary of State Condoleezza Rice. ... George C. Marshall George Catlett Marshall (December 31, 1880–October 16, 1959), an American military leader and statesman, was born into a middle-class family in Uniontown, Pennsylvania. ...

More or less coincident with the organization of the United Nations a new form of internationalism arose which undertook to enlarge the historical concept of international law and treaties to have them include and deal with the domestic affairs and internal laws of independent nations.[70]

Senator Bricker thought the "one world" movement advocated by those such as Wendell Willkie, Roosevelt's Republican challenger in the 1940 election, would attempt to use treaties to undermine American liberties. Conservatives cited as evidence the statement of John P. Humphrey, the first director of the United Nations Commission on Human Rights: Transnational progressivism is a term coined by Hudson Institute Fellow John Fonte in 2001 to describe a movement and political view that endorses a concept of postnational global citizenship and promotes the authority of international institutions over the sovereignty of individual nation-states. ... Wendell L. Willkie Wendell Lewis Willkie (February 18, 1892 – October 8, 1944) was a lawyer in the United States and the Republican nominee for the 1940 presidential election. ... Presidential electoral votes by state. ... United Nations Commission on Human Rights - Wikipedia, the free encyclopedia /**/ @import /skins-1. ...

What the United Nations is trying to do is revolutionary in character. Human rights are largely a matter of [the] relationship between the State and individuals, and therefore a matter which has been traditionally regarded as being within the domestic jurisdiction of states. What is now being proposed is, in effect, the creation of some supernational supervision of this relationship.[71] Human rights are rights which some hold to be inalienable and belonging to all humans. ...

Frank E. Holman testified before the Senate Judiciary Committee that the Bricker Amendment was needed "to eliminate the risk that through 'treaty law' our basic American rights may be bargained away in attempts to show our good neighborliness and to indicate to the rest of the world our spirit of brotherhood."[72] W.L. McGrath, president of the Williamson Heater Company in Cincinnati, Ohio, told the Senate that the International Labor Organization, to which he had been an American delegate, was "seeking to set itself up as a sort of international legislature to formulate socialistic laws which it hopes, by the vehicle of treaty ratification, can essentially be imposed upon most of the countries of the world."[73] The U.S. Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a standing committee of the United States Senate, the upper house of the United States Congress. ... Nickname: The Queen City Location in Hamilton County, Ohio Coordinates: Country United States State Ohio County Hamilton Founded 1788 Incorporated 1819 Mayor Mark L. Mallory (D) Area    - City 206. ... For other meanings of the ILO abbreviation, see ILO (disambiguation). ...


Congress considers the proposal

President Dwight D. Eisenhower thought the Bricker Amendment would undermine American foreign policy and worked to defeat it.
President Dwight D. Eisenhower thought the Bricker Amendment would undermine American foreign policy and worked to defeat it.

Republican Senator John W. Bricker, an attorney, had served as governor of Ohio and was Thomas E. Dewey's running mate in the 1944 campaign before winning a Senate seat in the 1946 Republican landslide. Author Robert A. Caro declared Senator Bricker to be "a fervent admirer" of Senators Robert A. Taft of Ohio, "whom he had three times backed for the presidential nomination," and Joseph R. McCarthy of Wisconsin, "whom he would support to the last," and stated that Bricker was "a fervent hater of foreign aid, the United Nations, and all those he lumped with Eleanor Roosevelt under the contemptous designation of 'One Worlders'. He was the embodiment of the GOP's reactionary Old Guard", borne out by his voting record: Americans for Democratic Action gave him a "zero" rating in 1949,[74] However, Bricker was not a doctrinaire isolationist; he had voted in favor of the Marshall Plan and the North Atlantic Treaty. Wikipedia does not have an article with this exact name. ... Wikipedia does not have an article with this exact name. ... Dwight David Ike Eisenhower (October 14, 1890 – March 28, 1969) was an American soldier and politician. ... John William Bricker (September 6, 1893 – March 22, 1986) was a United States politician from Ohio. ... Ohio Governors Ohio was admitted to the Union on March 1, 1803. ... Thomas Dewey - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ... Presidential electoral votes by state. ... Robert Allan Caro (born October 30, 1935) is a U.S. biographer, who has written voluminous studies of city planner Robert Moses and United States President Lyndon Johnson. ... Robert Alphonso Taft I (September 8, 1889 - July 31, 1953), of the Taft family political dynasty of Ohio, was a United States Senator and Presidential candidate in the United States Republican Party. ... Official language(s) None Capital Columbus Largest city Columbus Largest metro area Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... Joseph McCarthy This article is about the American politician. ... This article does not cite its references or sources. ... The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, and social equity. ... Anna Eleanor Roosevelt (October 11, 1884 – November 7, 1962) was an American political leader who used her stature as First Lady of the United States, 1933-1945 to promote her husbands (Franklin D. Roosevelts) New Deal, as well as Civil Rights. ... In Politics, Old Guard refers to the Old Right group of libertarian, free-market anti-interventionists. ... Americans For Democratic Action (ADA) was formed in January 1947, when Eleanor Roosevelt, John Kenneth Galbraith, Reinhold Niebuhr, Hubert Humphrey and 200 other activists. ... Map of Cold-War era Europe showing countries that received Marshall Plan aid. ... The North Atlantic Treaty is the treaty that brought NATO into existence, signed in Washington, DC on April 4, 1949. ...


President Eishenhower disagreed about the necessity of the Amendment, writing in his diary in April 1953, "Senator Bricker wants to amend the Constitution . . . By and large the logic of the case is all against Senator Bricker, but he has gotten almost psychopathic on the subject, and a great many lawyers have taken his side of the case. This fact does not impress me very much. Lawyers have been trained to take either side of any case and make the most intelligent and impassioned defense of their adopted viewpoint."[75]


Historians describe the Bricker Amendment as "the high water mark of the isolationist surge in the 1950s" and "the embodiment of the Old Guard's rage at what it viewed as twenty years of presidential usurpation of Congress's constitutional powers" which "grew out of sentiment both anti-Democrat and anti-presidential."[76] Bricker's pressing the issue, wrote Time just before the climactic vote, was "a time-bomb threat to both G.O.P. unity and White House-Congressional accord."[77] Senator Bricker warned "the constitutional power of Congress to determine American foreign policy is at stake."[78] The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ...


82nd Congress

In the 82nd Congress, Senator Bricker introduced the first version of his amendment, S.J. Res. 102, drafted by Bricker and his staff. The American Bar Association was still studying the issue of how to prevent an abuse of "treaty law" when Bricker introduced his resolution on July 17, 1951, without the ABA's involvement, but the Senator wanted to begin immediate debate on an issue he considered vital.[79] Bricker was not trying to reverse the Yalta Agreement, in contrast to the goals of some of his conservative colleages; he was worried most about what might be done by the United Nations or under an executive agreement.[80] A second proposal, S.J. Res 130, was introduced by Bricker on February 7, 1952, with fifty-eight co-sponsors, including every Republican except Eugene D. Millikin of Colorado.[81] The Eighty-second United States Congress was in session from 1951 to 1953. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ... July 17 is the 198th day (199th in leap years) of the year in the Gregorian calendar, with 167 days remaining. ... 1951 (MCMLI) was a common year starting on Monday; see its calendar. ... The Yalta Conference, sometimes called the Crimea conference and codenamed the Argonaut Conference, was the wartime meeting from February 4 to 11, 1945 between the heads of government of the United States, the United Kingdom and the Union of Soviet Socialist Republics. ... The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, and social equity. ... An executive agreement one of three mechanisms by which the United States enters into binding international agreements. ... February 7 is the 38th day of the year in the Gregorian Calendar. ... 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... Eugene Donald Millikin (February 12, 1891 - July 26, 1958) was a United States Senator from Colorado who served as Senate Republican Conference Chairperson from 1947 to 1956. ... Official language(s) English Capital Denver Largest city Denver Area  Ranked 8th  - Total 104,185 sq mi (269,837 km²)  - Width 280 miles (451 km)  - Length 380 miles (612 km)  - % water 0. ...


President Harry S. Truman was adamantly opposed to limitations on executive power and ordered every executive branch agency to report on how the Bricker Amendment would affect its work and to offer this information to the Judiciary Committee.[82] Consequently, in its hearings, the Committee heard from representatives of the Departments of Agriculture, Commerce, Defense, Labor, and the Post Office, along with the Bureau of Internal Revenue, the Securities and Exchange Commission, and the Bureau of Narcotics.[83] Duane Tananbaum wrote the hearings "provided the amendment's supporters with a wider forum for their argument that a constitutional amendment was needed" and gave opponents a chance to debate the issue.[84] Harry S. Truman (May 8, 1884 – December 26, 1972) was the thirty-third President of the United States (1945–1953); as Vice President, he succeeded to the office upon the death of Franklin D. Roosevelt. ... The United States Department of Commerce is a Cabinet department of the United States government concerned with promoting economic growth. ... The United States Department of Defense, abbreviated as DoD or DOD and sometimes called the Defense Department, is a civilian Cabinet organization of the United States government. ... The Post Office Department was the former name of the United States Postal Service when it was a Cabinet department. ... Seal of the Internal Revenue Service The Internal Revenue Service (IRS) is the United States government agency that collects taxes and enforces the internal revenue laws. ... The Securities and Exchange Commission, commonly referred to as the SEC, is the United States governing body which has primary responsibility for overseeing the regulation of the securities industry. ... Amid evidence of corruption in 1929, the US Treasury Departments Narcotics Division collapsed and the following year Congress created the Federal Bureau of Narcotics (FBN), still under the Treasury Deparment. ...


Bricker's amendment was raised as an issue in his 1952 re-election campaign. Toledo mayor Michael V. DiSalle railed that the amendment was "an unwarranted interference with the provisions of the Constitution," but Bricker was easily elected to a second term.[85] Nickname: The Glass City Location in the state of Ohio Country United States State Ohio County Lucas Mayor Carty Finkbeiner (D) Area    - City 217. ... Michael Vincent DiSalle (January 6, 1908 - September 14, 1981) was a Democratic politician from Ohio. ...


83rd Congress: Consideration by the new Republican majority

Bricker introduced his proposal, S.J. Res 1, on the first day of the 83rd Congress and soon had sixty-three co-sponsors on a resolution much closer to the language of the amendment proposed by the American Bar Association. This time, every Republican senator, including Millikin, was a co-sponsor, as were eighteen Democrats. Including Bricker, this totaled exactly the sixty-four votes that comprised two-thirds of the full Senate, the number necessary to approve a constitutional amendment. Companion measures were introduced in the United States House of Representatives, but no action was taken on them; the focus was on the Senate. The Eighty-third United States Congress was in session from 1953 to 1955. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ... Seal of the House of Representatives The United States House of Representatives (or simply the House) is one of the two chambers of the United States Congress, the other being the Senate. ...


The Eisenhower Administration was caught by surprise as Sherman Adams, Eisenhower's Chief of Staff, thought an agreement had been reached with Bricker to delay introduction of his amendment until after the Administration had studied the issue. "Bricker hoped to force the new administration's hand," wrote Duane Tananbaum.[86] George E. Reedy, aide to Senate minority leader Lyndon B. Johnson of Texas, said popular support for the measure made it "apparent from the start that it could not be defeated on a straight-out vote. No one could vote against the Bricker Amendment with impunity and very few could vote against it and survive at all . . . There was no hope of stopping it through direct opposition."[87] Johnson told his aide Bobby Baker it was "the worst bill I can think of" and "it will be the bane of every president we elect."[88] Llewelyn Sherman A. Adams (July 8, 1899-October 27, 1986) was a United States politician, best known as White House Chief of Staff for President Dwight D. Eisenhower, the culmination of a relatively short (18-year) political career that also included a stint as Governor of New Hampshire. ... It has been suggested that Assistant to the President of the United States be merged into this article or section. ... George Reedy was White House Press Secretary from 1964 to 1965. ... Lyndon Baines Johnson (August 27, 1908 – January 22, 1973), often referred to as LBJ, was the 36th President of the United States (1963–1969). ... Official language(s) See: Languages of Texas Capital Austin Largest city Houston Area  Ranked 2nd  - Total 268,581 sq mi (695,622 km²)  - Width 773 miles (1,244 km)  - Length 790 miles (1,270 km)  - % water 2. ... Robert Baker, known as Bobby Baker, was born 1928, in Pickens, South Carolina. ...


Eisenhower privately disparaged Bricker's motives, suggesting Bricker's push for the Amendment was driven by "his one hope of achieving at least a faint immortality in American history,"[89] and considered the Amendment entirely unnecessary, telling Stephen E. Ambrose it was "an addition to the Constitution that said you could not violate the Constitution."[90] Stephen Ambrose, at the 2001 premier of Band of Brothers Stephen Edward Ambrose (January 10, 1936 - October 13, 2002) was a popular historian and biographer of Dwight Eisenhower and Richard Nixon. ...


Eisenhower seeks delay

Eisenhower publicly stated his opposition in his press conference of March 26, 1953: "The Bricker Amendment, as analyzed for me by the Secretary of State, would, as I understand it, in certain ways restrict the authority that the President must have, if he is to conduct the foreign affairs of this Nation effectively. . . I do believe that there are certain features that would work to the disadvantage of our country, particularly in making it impossible for the President to work with the flexibility that he needs in this highly complicated and difficult situation."[91] Eisenhower's phrasing, "as analyzed for me by the Secretary of State," led Bricker and other conservatives to blame Dulles for misleading Eisenhower, and raised their suspicion that the Secretary of State was a tool of Eastern internationalist interests. March 26 is the 85th day of the year in the Gregorian Calendar (86th in leap years). ... 1953 (MCMLIII) was a common year starting on Thursday (link is to a full 1953 calendar). ...


Eisenhower sent Attorney General Herbert Brownell to meet with Bricker to try to delay consideration of the resolution while the administration studied it; Bricker refused, noting his original proposal was introduced over a year earlier in the previous session of Congress.[92] Bricker was willing, however, to compromise on the language of an amendment, unlike Frank Holman, who was intent on a particular wording. However, the administration, particularly Dulles, irritated Bricker by refusing to offer an alternative to his resolution.[93] Eisenhower privately continued to disparage the Amendment with strong language, calling it "a stupid blind violation of the Constitution by stupid, blind isolationists" and stating "if it is true that when you die the name of the things that bothered you the most are engraved on your skull, I'm sure I'll have there the mud and dirt of France during the invasion and the name of Senator Bricker."[94] Alberto Gonzales, current Attorney General of the United States The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. ... Herbert Brownell, Jr. ... Combatants United States United Kingdom Canada Free France Poland Germany Commanders Dwight Eisenhower (Supreme Allied Commander) Bernard Montgomery (land) Bertram Ramsay (sea) Trafford Leigh-Mallory (air) Gerd von Rundstedt (OB WEST) Erwin Rommel (absent) (Heeresgruppe B) Friedrich Dollmann () Strength 326,000 (by June 11) Unknown, probably some 1,000,000...


G.O.P. infighting

Former Justice Owen J. Roberts led opposition to the Amendment from outside the government.
Former Justice Owen J. Roberts led opposition to the Amendment from outside the government.

Sherman Adams wrote "Eisenhower thus found himself caught in a crossfire between the Republican conservatives and the State Department"[95] and stated President Eisenhower thought the Bricker Amendment was a refusal of America "to accept the leadership of world democracy that had been thrust upon it".[96] In 1954, Eisenhower wrote Senate majority leader William F. Knowland of California stating, "Adoption of the Bricker Amendment in its present form by the Senate would be notice to our friends as well as our enemies abroad that our country intends to withdraw from its leadership in world affairs."[97] U.S. Supreme Court photograph of Owen Josephus Roberts File links The following pages link to this file: Owen Josephus Roberts Categories: United States government images ... U.S. Supreme Court photograph of Owen Josephus Roberts File links The following pages link to this file: Owen Josephus Roberts Categories: United States government images ... The United States Department of State, often referred to as the State Department, is the Cabinet-level foreign affairs agency of the United States Government, equivalent to foreign ministries in other countries. ... William Fife Knowland (June 26, 1908 – February 23, 1974) was a U.S. politician and newpaperman. ... This article is becoming very long. ...


Despite the Amendment's popularity and large number of sponsors, the bill itself was stalled in the Judiciary Committee by Majority Leader Taft at the behest of President Eisenhower. However, on June 10, ill health led Taft to resign as Majority Leader, and five days later the Judiciary Committee reported the measure to the full Senate.[98] No action was taken before the session adjourned in August; debate would begin in January 1954. The U.S. Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a standing committee of the United States Senate, the upper house of the United States Congress. ... June 10 is the 161st day of the year in the Gregorian calendar (162nd in leap years), with 204 days remaining. ...


The long delay allowed opposition to mobilize. Erwin N. Griswold, dean of the Harvard Law School, and Owen J. Roberts, retired Justice of the United States Supreme Court, organized the Committee for the Defense of the Constitution.[99] They were joined by such prominent Americans as attorney John W. Davis,[100] former Attorney General William D. Mitchell, former Secretary of War Kenneth C. Royall, former First Lady Eleanor Roosevelt, Governor Adlai E. Stevenson, former President Harry S. Truman, Judge John J. Parker, former Justice Felix Frankfurter, Denver Post publisher Palmer Hoyt, the Reverend Harry Emerson Fosdick, socialist Norman Thomas, and General Lucius D. Clay. The Committee claimed the Amendment would give Congress too much power and make America's system to approve treaties "the most cumbersome in the world."[101] Roberts dismissed the Amendment, declaring "we must decide whether we are to stand on the silly shibboleth of national security," a statement supporters of the Amendment eagerly seized upon.[102] The Committee was joined in opposing the Amendment by the League of Women Voters, the American Association for the United Nations, and the Association of the Bar of the City of New York, one of the few bar associations to oppose the Amendment.[103] Erwin Nathaniel Griswold was born to parents James Harlen and Hope (Erwin) on July 14, 1904 in East Cleveland, Ohio. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... John William Davis John William Davis (April 13, 1873 — March 24, 1955) was an American politician and lawyer. ... William DeWitt Mitchell (September 9, 1874–August 24, 1955) was U.S. Attorney General for the entirety of Herbert Hoovers Presidency. ... Kenneth Claiborne Royall (July 24, 1894 - May 25, 1971) was a U.S. general. ... Anna Eleanor Roosevelt (October 11, 1884 – November 7, 1962) was an American political leader who used her stature as First Lady of the United States, 1933-1945 to promote her husbands (Franklin D. Roosevelts) New Deal, as well as Civil Rights. ... Adlai Ewing Stevenson I (October 23, 1835 – June 14, 1914) was a Congressman from Illinois and the twenty-third Vice President of the United States. ... Harry S. Truman (May 8, 1884 – December 26, 1972) was the thirty-third President of the United States (1945–1953); as Vice President, he succeeded to the office upon the death of Franklin D. Roosevelt. ... John Johnston Parker (November 20, 1885 - March 17, 1958) was an American federal judge and an unsuccessful nominee to the United States Supreme Court. ... Justice Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ... The Denver Post is a daily newspaper published in Denver, Colorado. ... Harry Emerson Fosdick (1879-1969) was the most prominent liberal baptist minister of the early 20th Century. ... Norman Thomas Norman Mattoon Thomas (November 20, 1884 - December 19, 1968) was a leading American socialist, pacifist, and six-time presidential candidate for the Socialist Party of America. ... Lucius Dubignon Clay (April 23, 1897 - April 16, 1978) was an American general. ... Look up Shibboleth in Wiktionary, the free dictionary. ... The League of Women Voters is a United States non-partisan political organization founded in 1920 by Carrie Chapman Catt during a meeting of the National American Woman Suffrage Association. ... The Association of the Bar of the City of New York, also known as the New York City Bar, was established in 1870. ...


Conservatives Clarence Manion, former dean of the University of Notre Dame Law School, and newspaper publisher Frank E. Gannett formed organizations to support the Amendment while a wide spectrum of groups entered the debate. Supporting the Bricker Amendment were the National Association of Attorneys-General, the American Legion, the Veterans of Foreign Wars, the Marine Corps League, National Sojourners, the Catholic War Veterans, the Kiwanis, the U.S. Chamber of Commerce, the National Grange, the American Farm Bureau, the Daughters of the American Revolution, the Colonial Dames, the National Association of Evangelicals, the American Medical Association, the General Federation of Women's Clubs, and the Association of American Physicians and Surgeons. In opposition were Americans for Democratic Action, the American Jewish Congress, the American Federation of Labor, B'nai B'rith, the United World Federalists, the American Civil Liberties Union, and the American Association of University Women — groups Holman characterized as "eastern seaboard internationalists."[104] The University of Notre Dame IPA: is a leading Catholic institution located in Notre Dame, Indiana, immediately northeast of South Bend, Indiana, United States. ... Frank Ernest Gannett (September 15, 1876 – December 3, 1957) founded the Gannett corporation. ... The American Legion is an organization of veterans of the United States armed forces who served in wartime. ... The Veterans of Foreign Wars, or VFW, is an American organization whose members are current or former members of the U.S. armed forces. ... The Marine Corps League is the only federally-chartered United States Marine Corps-related veterans organization in the U.S. Its Federal Charter was approved by the 75th U.S. Congress and signed by President Franklin D. Roosevelt on August 4, 1937. ... Kiwanis International is a service organization whose mission is Serving the Children of the World. The organization was founded on January 21, 1915 in Detroit, Michigan and is now headquartered in Indianapolis, Indiana. ... The U.S. Chamber of Commerce is the worlds largest not-for-profit business federation, representing 3,000,000 businesses 2,800 state and local chambers 830 business associations They are staffed with policy specialists, lobbyists and lawyers. ... Grange Hall in Maine, circa 1910 The Grange movement in the United States involved the affiliation of local farmers into area granges to work for their political and economic advantages. ... The American Farm Bureau Federation calls itself the Voice of Agriculture, and was founded in 1919 in Chicago, Illinois at a meeting attended by a number of state representatives. ... The Daughters of the American Revolution (DAR) is a sororal association dedicated to historic preservation, education, and patriotic endeavor. ... The term Colonial Dame could refer to: The Colonial Dames of America, based in New York The National Society of the Colonial Dames of America, based in Pennsylvania Daughters of the American Revolution Category: ... The National Association of Evangelicals (NAE) is an agency dedicated to coordinating cooperative ministry for evangelical denominations of Christians in the United States. ... The American Medical Association (AMA) is the largest association of medical doctors in the United States. ... GFWC - General Federation of Womens Clubs For over 100 years GFWC members have been providing support to their communities by establishing over 75% of the countrys libraries, assisting in the creation of the National Park Service and establishing six national parks. ... The Association of American Physicians and Surgeons is a association of physicians founded in 1943. ... Americans For Democratic Action (ADA) was formed in January 1947, when Eleanor Roosevelt, John Kenneth Galbraith, Reinhold Niebuhr, Hubert Humphrey and 200 other activists. ... The American Jewish Congress is a civil rights body formed both to protect the civil rights of Jewish Americans, as well as to act as a conduit for pro-civil rights activities in the American Jewish community. ... The American Federation of Labor (AFL) was one of the first federations of labor unions in the United States. ... Bnai Brith Membership Certificate, 1876. ... The United World Federalists was an organization active in the 1940s and 1950s with the goal of creating a world federated government. ... The American Civil Liberties Union (ACLU) is a major American non-profit organization with headquarters in New York City, whose stated mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States.[1] It... The American Association of University Women (AAUW) is an organization championing womens rights and equity in education in the USA. The AAUW was founded in 1881 as the Association of Collegiate Alumnae, taking its present name in 1921 after merging with the Southern Association of College Women. ...


Eisenhower aided by Democrats

Senator Lyndon B. Johnson helped President Eisenhower defeat the Bricker Amendment.
Senator Lyndon B. Johnson helped President Eisenhower defeat the Bricker Amendment.

Faced with essentially united opposition from his own Party's Senate caucus, Eisenhower needed the help of Democrats to defeat the Amendment. Caro summarized the problem: "Defeating the amendment and thereby preserving the power of the presidency—his first objective—could not be accomplished even if he united his party's liberal and moderate senators against it; there simply were not enough of them. He would have to turn conservative Senators against it too, conservatives who were at the moment wholeheartedly for it—and not just Democratic conservatives but at least a few members of the Republican Old Guard."[105] President Eisenhower continued his opposition. In January he claimed that the Bricker Amendment would fatally weaken the bargaining position of the United States because the states would be involved in foreign policy, recalling the divisions under the Articles of Confederation.[106] Download high resolution version (407x619, 70 KB) Wikipedia does not have an article with this exact name. ... Download high resolution version (407x619, 70 KB) Wikipedia does not have an article with this exact name. ... Lyndon Baines Johnson (August 27, 1908 – January 22, 1973), often referred to as LBJ, was the 36th President of the United States (1963–1969). ... Dwight David Ike Eisenhower (October 14, 1890 – March 28, 1969) was an American soldier and politician. ... The Articles of Confederation The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document of the United States of America. ...


Before the Second Session of the 83rd Congress convened, the Amendment "went through a complex and incomprehensible series of changes as various Senators struggled to find a precise wording that would satisfy both the President and Bricker." In fact, President Eisenhower himself in January 1954 said that nobody understood the Bricker Amendment but his position "was clear; he opposed any amendment that would reduce the President's power to conducts foreign policy."[107] In his opposition to the Amendment, Eisenhower obtained the help of Senate Minority Leader Lyndon Johnson, who persuaded Senator Walter F. George of Georgia to sponsor his own proposal in order to sap support from Senator Bricker's. The George Substitute was introduced on January 27, 1954, and especially infuriated Bricker since George also wanted limits on treaties.[108] George warned in the Senate "I do not want a president of the U.S. to conclude an executive agreement which will make it unlawful for me to kill a cat in the back alley of my lot at night and I do not want the President of the U.S. to make a treaty with India which would preclude me from butchering a cow in my own pasture."[109] Senator George was ideal as an opponent as he was a hero to conservatives of both parties for his opposition to the New Deal and his survival of President Franklin Delano Roosevelt's unsuccessful effort to purge him when he sought re-election in 1938. "Democrats and Republicans alike respected him and recognized his influence."[110] Lyndon Baines Johnson (August 27, 1908–January 22, 1973), often referred to as LBJ, was an American politician. ... Walter Franklin George (January 29, 1878 – August 24, 1957) was an American politician from the state of Georgia. ... January 27 is the 27th day of the year in the Gregorian calendar. ... 1954 (MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... Wikiquote has a collection of quotations related to: New Deal For other uses of New Deal and The New Deal, see New Deal (disambiguation). ... Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ...


Eisenhower worked to prevent a vote, telling Republican Senators that he agreed that President Roosevelt had done things he would not have, but that the Amendment would not have prevented the Yalta Agreement.[111] By the time the Senate finally voted on the Bricker Amendment on February 26, thirteen of the nineteen Democrats who had co-sponsored it had withdrawn their support at the urging of Senators Johnson and George.[112] The original version of S.J. Res. 1 failed 42-50. By a 61-30 vote, the Senate agreed to substitute George's language for Bricker's — if only ninety-one senators voted, sixty-one was the necessary two-thirds vote for final approval.[113] Senator Herbert H. Lehman of New York said in the debate "what we are doing is one of the most dangerous and inexcusable things that any great legislative body can do."[114] However, Johnson had planned carefully and had several votes in reserve. When revised Amendment's came to a vote, with Vice President Richard M. Nixon presiding over the Senate, Senator Harley M. Kilgore of West Virginia arrived to cast the deciding vote of "nay." The the measure was defeated 60-31. In the final count, thirty-two Republicans voted for the revised Bricker Amendment and fourteen voted against.[115] The Yalta Conference, sometimes called the Crimea conference and codenamed the Argonaut Conference, was the wartime meeting from February 4 to 11, 1945 between the heads of government of the United States, the United Kingdom and the Union of Soviet Socialist Republics. ... February 26 is the 57th day of the year in the Gregorian Calendar. ... Herbert Lehman Herbert Henry Lehman (March 28, 1878 – December 5, 1963) was a Democratic Party politician from the U.S. state of New York. ... Official language(s) English de facto Capital Albany Largest city New York City Area  Ranked 27th  - Total 54,520 sq mi (141,205 km²)  - Width 285 miles (455 km)  - Length 330 miles (530 km)  - % water 13. ... The Vice President of the United States is the second-highest executive official of the United States government. ... Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ... U.S. Senator, born in Brown, West Virginia. ... Official language(s) English Capital Charleston Largest city Charleston Area  Ranked 41st  - Total 24,244 sq mi (62,809 km²)  - Width 130 miles (210 km)  - Length 240 miles (385 km)  - % water 0. ...


Senator Bricker was embittered by the defeat. "By the mid-1950s," wrote the Senator's biographer, "Bricker had become alienated from the mainstream of his own party . . . fulminating on the far right of the political spectrum." Decades after his defeat he was still furious. "Ike did it!" he said. "He killed my amendment."[116]


Aftermath

Justice Hugo Black's opinion in Reid v. Covert addressed many fears of Bricker Amendment supporters.
Justice Hugo Black's opinion in Reid v. Covert addressed many fears of Bricker Amendment supporters.

Senator Bricker introduced another proposal later in the 83rd Congress and proposed similar constitutional amendments in the 84th and 85th Congresses. While hearings were held in the 84th and 85th Congresses, no action was taken by the full Senate and idea of amending the Constitution was never again seriously considered. In part this was because the Supreme Court issued rulings that undercut arguments for it, notably in Reid v. Covert. Image File history File links Hugo_Black. ... Image File history File links Hugo_Black. ... Reid v. ... Reid v. ...


The Supreme Court in 1957 declared that the United States could not abrogate the rights guaranteed to citizens in the Bill of Rights through international agreements. Reid v. Covert and Kinsella v. Krueger concerned the prosecution of two servicemen's wives who killed their husbands abroad and were, under the status of forces[117] agreements in place, tried and convicted in American courts martial.[118] The Court found the Congress had no constitutional authority to subject servicemen's dependents to the Uniform Code of Military Justice and overturned the convictions. Justice Hugo L. Black's opinion for the Court declared: Reid v. ... Holding The Constitution supersedes all treaties ratified by the United States Senate. ... A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ... The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. ... Hugo Black Hugo LaFayette Black (February 27, 1886 - September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ...

There is nothing in [the Constitution] which intimates that treaties and laws enacted pursuant to [it] do not have to comply with the provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result. These debates as well as the history that surrounds the adoption of the treaty provision in Article VI make it clear that the reason treaties were not limited to those made in "pursuance" of the Constitution was so that agreements made by the United States under the Articles of Confederation, including the important peace treaties which concluded the Revolutionary War, would remain in effect. It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights—let alone alien to our entire constitutional history and tradition—to construe Article VI as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions. In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government and they cannot be nullified by the Executive or by the Executive and the Senate combined.[119]

In Seery v. United States the government argued that an executive agreement allowed it to confiscate property in Austria owned by an American citizen without compensation.[120] But this was rejected, the Court of Claims writing "there can be no doubt that an executive agreement, not being a transaction which is even mentioned in the Constitution, can impair constitutional rights."[121] The Court of Claims was a federal court that heard claims against the United States government. ...


The United States ultimately ratified the U.N.'s Genocide Convention in 1986.[122]


The Bricker Amendment is occasionally revived in Congress. For example, in 1997, Representative Helen Chenoweth (RIdaho) offered her version of the Bricker Amendment, H. J. Res 83 in the 105th Congress, but it died in committee without a hearing. The House of Representatives is the larger of two houses that make up the U.S. Congress, the other being the United States Senate. ... Helen Chenoweth-Hage (born January 27, 1938) is a politician from the state of Idaho Chenoweth-Hage was born in Topeka, Kansas and she attended Whitworth College. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... Official language(s) None Capital Boise Largest city Boise Area  Ranked 14th  - Total 83,642 sq. ... The 105th Congress met from January 7, 1997 to January 5, 1999. ...


References

Notes

  1. ^ Manfred Jonas. Isolationism in America, 1935-1941. Ithaca, New York: Cornell University Press, 1966. ix. Some object to the label "isolationist." According to Patrick J. Buchanan "the term is a dismissive slur on a tradition of U.S. independence in foreign policy and nonintervention in foreign wars" and "the idea that America was ever isolationist is a myth." Patrick J. Buchanan. A Republic, Not An Empire: Reclaiming America's Destiny. Washington: Regnery, 1999. xii, 49.
  2. ^ Ray Raphael. The First American Revolution : Before Lexington and Concord. New York : New Press, 2002.
  3. ^ George Washington. "Farewell Address" September 3, 1796. Compilation of Messages and Papers of the Presidents. Washington: U.S. Government Printing Office, 1896-1899. Volume I, 213. On-line here (accessed April 29, 2006).
  4. ^ An Act to Establish an Uniform Rule of Naturalization, Act of June 18, 1798 ch. 54, 1 Stat. 566; An Act Concerning Aliens, Act of June 25, 1798 ch. 58, 1 Stat. 570; An Act Respecting Alien Enemies, Act of July 6, 1798, ch. 66, 1 Stat. 577; An Act for the Punishment of Certain Crimes against the United States, Act of July 14, 1798, ch. 74, 1 Stat. 596.
  5. ^ Thomas Jefferson. "Inaugural Address". March 4, 1801. On-line here (accessed April 29, 2006); Lawrence S. Kaplan. Entangling Alliances with None : American Foreign Policy in the Age of Jefferson. Kent, Ohio: Kent State University Press, 1987.
  6. ^ Ernest R. May. The Making of the Monroe Doctrine. Cambridge, Massachusetts: Harvard University Press, 1975.
  7. ^ Margaret Olwen Macmillan. Paris 1919 : Six Months That Changed the World. New York: Random House, 2002; Leroy Ashby. The Spearless Leader: Senator Borah and the Progressive Movement in the 1920’s. Urbana, Illinois: University of Illinois Press, 1972; Marian C. McKenna. Borah. Ann Arbor, Michigan: University of Michigan Press, 1961; John A. Garraty. Henry Cabot Lodge: A Biography. New York: Alfred A. Knopf, 1953.
  8. ^ In 1948, Paul Blanshard published a series of articles in The Nation warning of Catholics having too much influence in American politics. These articles were published as American Freedom and Catholic Power. Boston: Beacon Press, 1949.
  9. ^ Wayne S. Cole. Senator Gerald P. Nye and American Foreign Relations. Minneapolis: University of Minnesota Press, 1962; United States. Congress. Senate. Special Committee on Investigation of the Munitions Industry. Hearings. 40 parts. Washington: U.S. Government Printing Office, 1934-1943; United States. Congress. Senate. Special Committee on Investigation of the Munitions Industry. Report. 7 volumes. 74th Congress. Senate Report 944. Washington: U.S. Government Printing Office, 1935-1936; John E. Wiltz. In Search of Peace: The Senate Munitions Inquiry, 1934-36. Baton Rouge: Louisiana State University Press, 1963. An early book on the committee's thesis was Helmuth Carol Engelbrecht and Frank Cleary Hanighen. Merchants of Death: A Study of the International Armament Industry. New York: Dodd, Mead, 1934. The first Neutrality Act is the Act of August 31, 1935, c. 837, 49 Stat. 1081, on-line here (accessed April 29, 2006). It was followed by the Neutrality Act of 1936, the Act of February 18, 1936, c. 106, 49 Stat. 1153, on-line here and the Act of May 1, 1937, c. 146, 50 Stat. 121, on-line here (accessed April 29, 2006).
  10. ^ Wayne S. Cole. Roosevelt & the Isolationists, 1932-1945. Lincoln, Nebraska: University of Nebraska Press, 1983. Chapter 17. The best known of these proposals was the Ludlow Amendment, sponsored by Representative Louis L. Ludlow, a Democrat of Indiana.
  11. ^ Doris Kearns Goodwin. No Ordinary Time: Franklin and Eleanor Roosevelt: The Home Front in World War II. New York: Simon and Schuster, 1994. 22.
  12. ^ Wayne S. Cole. America First: The Battle Against Intervention, 1940-41. Madison: University of Wisconsin Press, 1953; Ruth Sarles. A Story of America First: The Men and Women Who Opposed U.S. Intervention in World War II. Westport, Connecticut: Praeger, 2003. (The official history of America First.); Norman M. Thomas. Keep America Out of War. New York: Frederick A. Stokes, 1939; Harry Fleischman. Norman Thomas, A Biography: 1884-1968. New York: W.W. Norton, 1969. Chapter 14; Michele Stenehjem Gerber. An American First : John T. Flynn and the America First Committee. New Rochelle, New York: Arlington House Publishers, 1976; Burton K. Wheeler and Paul F. Healy. Yankee from the West : The Candid, Turbulent Life Story of the Yankee-born U.S. Senator from Montana. Garden City, New York: Doubleday, 1962; Richard Norton Smith. The Colonel: The Life and Legend of Robert R. McCormick, 1880-1955. Boston: Little, Brown, 1997. Chapter 13; James C. Worthy. Shaping an American Institution: Robert E. Wood and Sears, Roebuck. Urbana, Illinois: University of Illinois Press, 1984. 46-47; Wayne S. Cole. Senator Gerald P. Nye and American Foreign Relations. Minneapolis: University of Minnesota Press, 1962.
  13. ^ Warren F. Kimball. The Most Unsordid Act: Lend-Lease, 1939-1941. Baltimore, Maryland: The Johns Hopkins University Press, 1969.
  14. ^ Richard Norton Smith. The Colonel: The Life and Legend of Robert R. McCormick, 1880-1955. Boston: Little, Brown, 1997. 418. Smith says there is evidence the war plans were deliberately leaked as a provocation to secure a declaration of war on the United States by Hitler, the leak orchestrated either by the United States government or British Intelligence's William Stephenson.
  15. ^ Boake Carter. Why Meddle in Europe: Facts, Figures, Fictions, and Follies. New York: Robert M. McBride, 1939.
  16. ^ "New Bill Revives 'Cash, Carry' Plan." The New York Times. May 5, 1939. 9.
  17. ^ Wayne S. Cole. Roosevelt & the Isolationists, 1932-1945. Lincoln, Nebraska: University of Nebraska Press, 1983. Chapters 32 and 33.
  18. ^ Wayne S. Cole. Roosevelt & the Isolationists, 1932-1945. Lincoln, Nebraska: University of Nebraska Press, 1983. 527. The vote in the Senate was held on July 28, 1945, and was ratified 89 to 2. Voting no were William Langer of North Dakota and Hendrik Shipstead of Minnesota. Hiram W. Johnson of California would have voted no had he been able-bodied; he died on August 6, 1945.
  19. ^ Yong-nok Koo. Politics of Dissent in U.S. Foreign Policy: A Political Analysis of the Movement for the Bricker Amendment. Seoul: American Studies Institute at Seoul National University, 1978. 36.
  20. ^ Frank E. Holman. The Life and Career of a Western Lawyer, 1886-1961. Baltimore, Maryland: Port City Press, 1963; Frank E. Holman. The Story of the "Bricker Amendment." New York City: Fund for Constitutional Government, 1954. See also Yong-nok Koo. Politics of Dissent in U.S. Foreign Policy: A Political Analysis of the Movement for the Bricker Amendment. Seoul: American Studies Institute at Seoul National University, 1978. 21 et seq. Robert H. Jackson, later an Associate Justice of the United States Supreme Court, skeptically wrote of the authority of leaders of the bar associations, who "generally pyramid conservatism. At the top of the structures our bar association officials are as conservative as cemetery trustees." Robert H. Jackson. "The Lawyer: Leader or Mouthpieces?" Journal of the American Judicature Society. vol. 18 (October 1934). 72. Quoted by Tananbaum, 7.
  21. ^ Gladwin Hill. "U.N. Rights Drafts Held Socialistic: Holman, Bar Association Head, Warns They Would Renounce Many Basic U.S. Principles." The New York Times. September 18, 1948. 4.
  22. ^ The Genocide Convention's text can be found on-line here.
  23. ^ Tananbaum, 13.
  24. ^ Tananbaum, 14.
  25. ^ Herbert Brownell and John P. Burke. Advising Ike: The Memoirs of Attorney General Herbert Brownell. Lawrence, Kansas: University Press of Kansas, 1993. 265.
  26. ^ Tananbaum, 14.
  27. ^ Arthur Larson. Eisenhower: The President that Nobody Knows. New York: Charles Scribner's Sons, 1968. 144.
  28. ^ Frank E. Holman. The Story of the "Bricker Amendment." New York City: Fund for Constitutional Government, 1954. 38.
  29. ^ In general on treaties and the Constitution, see Roger Lea MacBride. Treaties Versus the Constitution. Caldwell, Idaho: The Caxton Printers, 1953.
  30. ^ An Act to Establish the Post-Office and Post Roads Within the United States. Act of February 20, 1792. ch. 7. 1 Stat. 232.
  31. ^ Definitive Treaty of Peace Between the United States of America and His Britannic Majesty. Treaty of September 3, 1783. 8 Stat. 80.
  32. ^ Akhil Amar Reed. America's Constitution: A Biography. New York: Random House, 2005. 307.
  33. ^ See Ware v. Hylton, 3 Dall. 199 (1796), Hopkirk v. Bell, 7 U.S. (3 Cran.) 454 (1806), [1], Higginson v. Mein, 8 U.S. (4 Cran.) 415 (1808)[2], Fairfax's Devisee v. Hunter's Lessee, 11 U.S. (7 Cran.) 603 (1813), [3], Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 603 (1816), Chirac v. Chirac's Lessee, 15 U.S. (2 Wheat.) 259 (1817), [4], Orr v. Hodgson, 17 U.S. (4 Wheat.) 453 (1819) [5], Society for the Propagation of the Gospel in Foreign Parts v. New Haven, 21 U.S. (8 Wheat.) 464 (1823)[6], Society for the Propagation of the Gospel in Foreign Parts v. Town of Pawlet, 29 U.S. 480 (1830). [7].
  34. ^ Asakura v. City of Seattle, 265 U.S. 332 (1924).[8] (Seattle law limiting business licenses to American citizens violates the treaty of commerce with Japan guaranteeing Japanese citizens right to conduct business in America).
  35. ^ Hauenstein v. Lynham, 100 U.S. 483 (1879) [9] and Terrace v. Thompson, 263 U.S. 197 (1923) [10].
  36. ^ Garcia v. Pan American Airways, 269 App. Div. 287, 55 N.Y.S. 2d 317 (1945), affirmed 295 N.Y. 852, 67 N.E. 2d 257, Lee v. Pan American Airways, 89 N.Y.S. 2d 888, 300 N.Y. 761, 89 N.E. 2d 258 (1949), cert. denied 339 U.S. 920 (1950).
  37. ^ The Cherokee Tobacco, 78 U.S. (11 Wall.) 616 (1870) at 621-622. See also Doe v. Braden, 57 U.S. (16 How.) 635 (1835). [11], Botiller v. Dominguez, 130 U.S. 238 (1889). [12] and The Chinese Exclusion Case (Chae Chan Ping v. United States), 130 U.S. 581 (1889). [13].
  38. ^ De Geoffroy v. Riggs, 133 U.S. 258 (1890) at 267.
  39. ^ United States v. Wong Kim Ark, 169 U.S. 649 (1898) at 671.
  40. ^ Missouri v. Holland, 252 U.S. 416 (1920). [14].
  41. ^ An Act Making Appropriations for the Department of Agriculture for the Fiscal Year Ending June 30, 1914, Act of March 4, 1913, 38 Stat. 828, c. 145, at page 847.
  42. ^ United States v. Shauver, 214 Fed. 154 (E.D. Ark. 1914), United States v. McCullagh, 221 Fed. 288 (D.Kan. 1915), State v. Sawyer, 94 A. 886 (Maine 1915), and State v. McCullagh, 153 P. 557 (Kan. 557).
  43. ^ Convention for the Protection of Migratory Birds of August 16, 1916, T.S. No. 628, 39 Stat. 1702.
  44. ^ Migratory Bird Treaty Act, Act of July 3, 1918, c. 128, 40 Stat. 755. Codified at 18 U.S.C.§703.
  45. ^ 252 U.S. 416 at 433.
  46. ^ Newsweek, August 10, 1953. 88.
  47. ^ Edward S. Corwin. The President: Office and Powers, 1787-1957. 4th ed. New York: New York University Press, 1957. 421. Quoted in Yong-nok Koo. Politics of Dissent in U.S. Foreign Policy: A Political Analysis of the Movement for the Bricker Amendment. Seoul: American Studies Institute at Seoul National University, 1978. 56-57.
  48. ^ Zechariah Chafee, Jr. "Bricker Proposal Opposed." (Letter). The New York Times. January 28, 1954. 26.
  49. ^ United States v. Belmont, 301 U.S. 324 (1937).
  50. ^ United States v. Belmont, 301 U.S. 324 (1937) at 330.
  51. ^ United States v. Pink, 315 U.S. 203 (1942) [15].
  52. ^ United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936)
  53. ^ United States v. Pink. 315 U.S. 203 (1942) at 228.
  54. ^ United States v. Pink, 315 U.S. 203 (1942) at 229, internal quotations and citations omitted.
  55. ^ United States v. Guy W. Capps, Inc., 100 F.Supp. 30 (E.D. Va. 1952), affirmed 204 F.2d. 655 (4th 1953), affirmed 348 U.S. 296 (1955)[16]
  56. ^ Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 667-709 (1952) (Vinson, C.J., dissenting).
  57. ^ Fujii v. State, 217 P.2d 481 (Cal. App. 2d 1950), rehearing denied 218 P.2d 596 (Cal. App. 2d 1950), reversed 242 P.2d 617 (1952).
  58. ^ Fujii v. State, 217 P.2d 481, 486 (Cal. App. 2d. 1950).
  59. ^ Fujii v. State, 242 P.2d 617, 622 (Cal. 1952)
  60. ^ Kemp v. Rubin, 69 N.Y.S.2d 680, 686 (Sup. Ct. Queens 1947).
  61. ^ Sipes v. McGhee, 316 Mich. 615, 628 (1947).
  62. ^ Rice v. Sioux City Memorial Park Cemetery, Inc., 245 Iowa 147, 60 N.W.2d 110, 116-117 (1954)
  63. ^ Tananbaum, 13.
  64. ^ Stephen E. Ambrose. Eisenhower, Volume 2: The President. New York: Simon and Schuster, 1984. 68.
  65. ^ "The Bricker Amendment: A Cure Worse Than the Disease?" Time. July 13, 1953. 20-21.
  66. ^ "The Bricker Amendment: A Cure Worse Than the Disease?" Time. July 13, 1953. 20-21.
  67. ^ Ibid.
  68. ^ Herbert Brownell and John P. Burke. Advising Ike: The Memoirs of Attorney General Herbert Brownell. Lawrence, Kansas: University Press of Kansas, 1993. 264.
  69. ^ Tananbaum, 10.
  70. ^ Frank E. Holman. The Story of the "Bricker Amendment." New York City: Fund for Constitutional Government, 1954. viii.
  71. ^ Frank E. Holman. The Story of the "Bricker Amendment." New York City: Fund for Constitutional Government, 1954. 6. Holman said the Commission was "controlled by Communists and international socialists." Story, 71.
  72. ^ Tananbaum, 54.
  73. ^ Tananbaum, 54.
  74. ^ Caro, 528; Tananbaum, 22-23.
  75. ^ Dwight D. Eisenhower. The Eisenhower Diaries. Edited by Robert H. Ferrell. New York: W.W. Norton, 1981. Entry for April 1, 1953, on page 233.
  76. ^ Robert A. Caro. The Years of Lyndon Johnson: Master of the Senate. New York: Alfred A. Knopf, 2002. 527-528; Walter LaFeber. America, Russia, and the Cold War, 1945-1984. New York: Alfred A. Knopf, 1985. 178-179.
  77. ^ "On Their Knees" Time. January 18, 1954. 20.
  78. ^ LaFeber, 179.
  79. ^ Tananbaum, 25.
  80. ^ Tananbaum, 35.
  81. ^ Tananbaum, 42
  82. ^ Harry S. Truman. "Memorandum on Proposed Bills Dealing With Treaties and Executive Agreements." May 23, 1953. Public Papers of the Presidents of the United States: Harry S. Truman, 1952-1953. Washington: United States Government Printing Office. 367. Available on-line here (accessed May 2, 2006).
  83. ^ Tananbaum, 58.
  84. ^ Tananbaum, 60.
  85. ^ Tananbaum, 64.
  86. ^ Caro, 528; Tananbaum, 67-69.
  87. ^ Caro, 528.
  88. ^ Caro, 528.
  89. ^ Eisenhower, diary entry for July 24, 1953, page 248.
  90. ^ Stephen E. Ambrose. Eisenhower, Volume 2: The President. New York: Simon and Schuster, 1984. 68.
  91. ^ Dwight D. Eisenhower. "The President's News Conference of March 26, 1953." Public Papers of the Presidents of the United States: Dwight D. Eisenhower, 1953. Washington: United States Government Printing Office. Available on-line here (accessed May 2, 2006).
  92. ^ Tananbaum, 73.
  93. ^ Tananbaum, 77.
  94. ^ Geoffrey C. Perrett. Eisenhower. New York: Random House, 1999. 485-487.
  95. ^ Adams, 106.
  96. ^ Sherman Adams. Firsthand Report: The Story of the Eisenhower Administration. New York: Harper and Brothers, 1961. 104.
  97. ^ Adams, 104. The text of the January 25 letter is available online here.
  98. ^ Caro, 530.
  99. ^ Geoffrey C. Perrett. Eisenhower. New York: Random House, 1999. 487.
  100. ^ Davis, United States Solicitor General under Woodrow Wilson, orchestrated the passage of the Migratory Bird Treaty (the treaty at issue in Missouri v. Holland) after the statute protecting birds was found unconstitutional.
  101. ^ Dwight D. Eisenhower. The White House Years: Mandate for Change, 1953-1956. Garden City, New York: Doubleday, 1963. 283.
  102. ^ Frank E. Holman. The Story of the "Bricker Amendment." New York City: Fund for Constitutional Government, 1954. viii.
  103. ^ Sherman Adams. Firsthand Report: The Story of the Eisenhower Administration. New York: Harper and Brothers, 1961. 106.
  104. ^ Frank E. Holman. The Story of the "Bricker Amendment." New York City: Fund for Constitutional Government, 1954. 17, 23.
  105. ^ Caro, 531.
  106. ^ Dwight D. Eisenhower. "The President's News Conference of January 13th, 1954." Public Papers of the Presidents of the United States: Dwight D. Eisenhower, 1954. Washington: United States Government Printing Office. 132. Available on-line here (accessed June 28, 2006).
  107. ^ Stephen E. Ambrose. Eisenhower, Volume 2: The President. New York: Simon and Schuster, 1984. 154.
  108. ^ Caro, 533-534.
  109. ^ "Cats, Cows, Pigeons, Fleas." Time. February 22, 1954. 28.
  110. ^ Tananbaum, 144.
  111. ^ Stephen E. Ambrose. Eisenhower, Volume 2: The President. New York: Simon and Schuster, 1984. 154.
  112. ^ Caro, 536.
  113. ^ Caro, 536.
  114. ^ Caro, 538.
  115. ^ Caro, 539.
  116. ^ Richard O. Davies. "John W. Bricker and the Slow Death of Old Guard Republicanism." Chapter 21 of Builders of Ohio: A Biographical History. Edited by Warren Van Tine and Michael Pierce. Columbus, Ohio: The Ohio State University Press, 2003. 279.
  117. ^ See Administrative Agreement Under Article III of the Security Treaty Between the United States of America and Japan. Agreement of February 28, 1952, 3 UST 3343, TIAS 2492, and Executive Agreement Between the United States of America and the United Kingdom of Great Britain and Northern Ireland Respecting Jurisdiction Over Criminal Offenses Committed by Armed Forces of July 27, 1942, 57 Stat. 1193, E.A.S. 355. Enacted in Britain as United States of America (Victory Forces Act) 1942, 5&6 Geo. 6, c. 31.
  118. ^ Reid v. Covert, 351 U.S. 378 (1956)and Kinsella v. Krueger, 351 U.S. 370 (1956), both reversed on rehearing as Reid v. Covert, 354 U.S. 1 (1957)[17]. See also Frederick Bernays Wiener. Civilians Under Military Justice: The British Practice Since 1689, Especially in North America. Chicago: University of Chicago Press, 1967. Wiener argued Reid and Kinsella before the Supreme Court on behalf of the convicted women.
  119. ^ Reid v. Covert, 354 U.S. 1, 16 (1957)
  120. ^ Seery v. United States, 127 F. Supp. 601 (Ct. Claims. 1955). See also Seery v. United States, 161 F. Supp. 395 (Ct. Claims 1958).
  121. ^ Seery v. United States, 127 F. Supp. 601, 606 (Ct. Claims. 1955).
  122. ^ Convention on the prevention and punishment of the crime of genocide. Adopted by the U.N. General Assembly at Paris December 9, 1948. The enabling legislation was the Genocide Convention Implementation Act of 1987, also known as the Proxmire Act, Pub. L. 100–606, Act of November 4, 1988, 102 Stat. 3045, codified as 18 U.S.C. §1091 et seq.
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Table of cases

  • Asakura v. City of Seattle, 265 U.S. 332 (1924).[18]
  • Botiller v. Dominguez, 130 U.S. 238 (1889). [19]
  • The Cherokee Tobacco, 78 U.S. (11 Wall.) 616 (1870). [20]
  • The Chinese Exclusion Case (Chae Chan Ping v. United States), 130 U.S. 581 (1889). [21]
  • Chirac v. Chirac's Lessee, 15 U.S. (2 Wheat.) 259 (1817). [22]
  • De Geoffroy v. Riggs, 133 U.S. 258 (1890) [23]
  • Doe v. Braden, 57 U.S. (16 How.) 635 (1835). [24]
  • Fairfax's Devisee v. Hunter's Lessee, 11 U.S. (7 Cran.) 603 (1813). [25]
  • Foster v. Nielson, 27 U.S. (2 Pet.) 253 (1829). [26]
  • Fujii v. State, 217 P.2d 481 (Cal. App. 2d 1950), rehearing denied 218 P.2d 596 (Cal. App. 2d 1950), reversed 242 P.2d 617 (1952).
  • Garcia v. Pan American Airways, 269 App. Div. 287, 55 N.Y.S. 2d 317 (1945), affirmed 295 N.Y. 852, 67 N.E. 2d 257.
  • Hauenstein v. Lynham, 100 U.S. 483 (1879). [27]
  • Higginson v. Mein, 8 U.S. (4 Cran.) 415 (1808). [28]
  • Hopkirk v. Bell, 7 U.S. (3 Cran.) 454 (1806). [29]
  • Kemp v. Rubin, 69 N.Y.S.2d 680 (Sup. Ct. Queens 1947).
  • Kinsella v. Krueger, 351 U.S. 470 (1956) [30], reversed on rehearing, 354 U.S. 1 (1957)[31].[32]
  • Lee v. Pan American Airways, 89 N.Y.S. 2d 888, 300 N.Y. 761, 89 N.E. 2d 258 (1949), cert. denied 339 U.S. 920 (1950).
  • Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 603 (1816)
  • Missouri v. Holland, 252 U.S. 416 (1920). [33]
  • Orr v. Hodgson, 17 U.S. (4 Wheat.) 453 (1819). [34]
  • Reid v. Covert, 351 U.S. 487 (1956), reversed on rehearing, 354 U.S. 1 (1957)[35].[36]
  • Rice v. Sioux City Memorial Park Cemetery, 245 Iowa 147, 60 N.W.2d 110 (1954), cert dismissed as improvidently granted, 349 U.S. 70 (1955) [37]
  • Seery v. United States, 127 F. Supp. 601 (Ct. Claims 1955).
  • Sipes v. McGhee, 316 Mich. 615 (1947).
  • Society for the Propagation of the Gospel in Foreign Parts v. New Haven, 21 U.S. (8 Wheat.) 464 (1823). [38]
  • Society for the Propagation of the Gospel in Foreign Parts v. Town of Pawlet, 29 U.S. 480 (1830). [39]
  • State v. McCullagh, 153 Pac. 557 (Kan. 557).
  • State v. Sawyer, 94 Atl. 886 (Maine 1915).
  • Terrace v. Thompson, 263 U.S. 197 (1923). [40]
  • United States v. Belmont, 301 U.S. 324 (1937)[41]
  • United States v. Guy W. Capps, Inc., 100 F.Supp. 30 (E.D. Va. 1952), affirmed 204 F.2d. 655 (4th 1953), affirmed 348 U.S. 296 (1955)[42]
  • United States v. McCullagh. 221 Fed 288 (D Kan. 1915).
  • United States v. Pink, 315 U.S. 203 (1942) [43]
  • United States v. Shauver, 214 Fed 154 (E.D Ark. 1914).
  • United States v. Wong Kim Ark, 169 U.S. 649 (1898) [44]
  • Ware v. Hylton, 3 U.S. (3 Dall.) 199 (1796). [45]
  • Youngstown Sheet and Tube Company v. Sawyer, 343 U.S. 569 (1952). [46]

Holding The Constitution supersedes all treaties ratified by the United States Senate. ... Martin v. ... Holding Court membership Chief Justice: John Marshall Associate Justices: Bushrod Washington, William Johnson, Henry Brockholst Livingston, Thomas Todd, Gabriel Duvall, Joseph Story Case opinions Majority by: Holmes Laws applied U.S. Const. ... Reid v. ... Wong Kim Ark was born in the United States, but denied entry after leaving to visit China. ...

Table of statutes, treaties, and international agreements

  • An Act Concerning Aliens. Act of June 25, 1798, ch. 58, 1 Stat. 570.
  • An Act for the Punishment of Certain Crimes against the United States. Act of July 14, 1798, ch. 74, 1 Stat. 596.
  • An Act Respecting Alien Enemies. Act of July 6, 1798, ch. 66, 1 Stat. 577.
  • An Act to Establish an Uniform Rule of Naturalization. Act of June 18, 1798, ch. 54, 1 Stat. 566.
  • An Act to Establish the Post-Office and Post Roads Within the United States. Act of February 20, 1792. ch. 7. 1 Stat. 232.
  • Administrative Agreement Under Article III of the Security Treaty Between the United States of America and Japan. Agreement of February 28, 1952. 3 UST 3343. TIAS 2492.
  • Convention for the Protection of Migratory Birds of August 16, 1916, T.S. No. 628, 39 Stat. 1702.
  • Definitive Treaty of Peace Between the United States of America and His Britannic Majesty. Treaty of September 3, 1783. 8 Stat. 80.
  • Executive Agreement Between the United States of America and the United Kingdom of Great Britain and Northern Ireland Respecting Jurisdiction Over Criminal Offenses Committed by Armed Forces of July 27, 1942. 57 Stat. 1193, E.A.S. 355. Enacted in Britain as United States of America (Victory Forces Act) 1942, 5&6 Geo. 6, c. 31.
  • Genocide Convention Implementation Act of 1987, also known as the Proxmire Act, Pub. L. 100–606, Act of November 4, 1988, 102 Stat. 3045, codified as 18 U.S.C. §1091 et seq.
  • Migratory Bird Treaty Act. Act of July 3, 1918, ch. 148, 40 Stat. 755, 18 U.S.C.§703.
  • Neutrality Act of 1935. Act of August 31, 1935, ch. 837, 49 Stat. 1081.
  • Neutrality Act of 1936. Act of February 18, 1936, ch. 106, 49 Stat. 1153.
  • Neutrality Act of 1937. Act of May 1, 1937, ch. 146, 50 Stat. 121.
  • The United Nations Charter. 59 Stat. 1031, T.S. 993.

Select bibliography

This list contains only works with significant content related to the Bricker Amendment.

  • John W. Bricker. "John W. Bricker Reflects Upon the Fight for the Bricker Amendment". Edited by Marvin R. Zahniser. Ohio History. Vol. 87, no. 4. Autumn 1978. 322-333. [47]
  • Robert A. Caro. The Years of Lyndon Johnson: Master of the Senate. New York: Alfred A. Knopf, 2002. ISBN 0-394-52836-0.
  • Richard O. Davies. Defender of the Old Guard: John Bricker and American Politics. Columbus, Ohio: The Ohio State University Press, 1993.
  • Frank E. Holman. The Life and Career of a Western Lawyer, 1886-1961. Baltimore, Maryland: Port City Press, 1963.
  • Frank E. Holman. The Story of the "Bricker Amendment." New York City: Fund for Constitutional Government, 1954.
  • Duane Tananbaum. The Bricker Amendment Controversy: A Test of Eisenhower's Political Leadership. Ithaca, New York: Cornell University Press, 1988.
  • United States. Congress. Senate. Committee on the Judiciary. Treaties and Executive Agreements: Hearings Before a Subcommittee of the Committee on the Judiciary, Eighty-second Congress, Second Session, on S.J. Res 130, Proposing an Amendment to the Constitution of the United States Relating to the Making of Treaties and Executive Agreements. Washington, D.C.: United States Government Printing Office, 1952.
  • United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments. Treaties and Executive Agreements: Hearings Before a Subcommittee of the Committee on the Judiciary, Eighty-third Congress, Second Session, on S.J. Res 1, Proposing an Amendment to the Constitution of the United States Relating to the Making of Treaties and Executive Agreements, and S.J. Res 43, Proposing an Amendment to the Constitution of the United States Relating to the Legal Effects of Certain Treaties. Washington, D.C.: United States Government Printing Office, 1953.
  • United States. Congress. Senate. Committee on the Judiciary. Constitutional Amendment Relative to Treaties and Executive Agreements, 83rd Congress, 1st session. Senate Report 412. Calendar 408. Washington, D.C.: United States Government Printing Office, 1953.
  • United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments. Treaties and Executive Agreements: Hearings Before a Subcommittee of the Committee on the Judiciary, Eighty-fourth Congress, First Session, on S.J. Res 1, Proposing an Amendment to the Constitution of the United States Relating to the Legal Effects of Certain Treaties and Other International Agreements. Washington, D.C.: United States Government Printing Office, 1955.
  • United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments. Treaties and Executive Agreements: Hearings Before a Subcommittee of the Committee on the Judiciary, United States Senate, Eighty-fifth Congress, First Session, on S.J. Res 3, Proposing an Amendment to the Constitution of the United States Relating to the Legal Effect of Certain Treaties and Other International Agreements. Washington, D.C.: United States Government Printing Office, 1958.
  United States Constitution Complete text at WikiSource

Original text: Preamble | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 6 | Article 7 Nickname: The Arch City The Discovery City Location in the state of Ohio Coordinates: Country United States State Ohio Counties Franklin, Delaware, and Fairfield Mayor Michael B. Coleman (D) Area    - City 550. ... The Ohio State University (OSU) is a coeducational public research university in the U.S. state of Ohio. ... Frank Ezekiel Holman (1886-1967) was an American attorney who after his election as president of the American Bar Association in 1948 led an effort to amend the United States Constitution to limit the power of treaties and executive agreements. ... Nickname: Monument City, Charm City, Mob Town, B-more Motto: Get In On It (formerly The City That Reads and The Greatest City in America; BELIEVE is not the official motto but rather a specific campaign) Location of Baltimore in Maryland Coordinates: Country United States State Maryland County Independent City... Frank Ezekiel Holman (1886-1967) was an American attorney who after his election as president of the American Bar Association in 1948 led an effort to amend the United States Constitution to limit the power of treaties and executive agreements. ... Nickname: Big Apple Location in the state of New York Coordinates: Country United States State New York Boroughs Bronx (The Bronx) New York (Manhattan) Queens (Queens) Kings (Brooklyn) Richmond (Staten Island) Mayor Michael Bloomberg (R) Area    - City 1,214. ... Dwight David Ike Eisenhower (October 14, 1890–March 28, 1969), American soldier and politician, was the 34th President of the United States (1953–1961) and supreme commander of the Allied forces in Europe during World War II, with the rank of General of the Army. ... The City of Ithaca (named for the Greek island of Ithaca in Homers Odyssey) sits on the southern shore of Cayuga Lake, in Central New York State and is famous for being the location for Cornell University and Ithaca College. ... Cornell University Press, established in 1869, was the first university publishing enterprise in the United States and is one of the countrys largest university presses. ... The Eighty-second United States Congress was in session from 1951 to 1953. ... The logotype of the United States Government Printing Office In the United States, the Government Printing Office (GPO) prints and provides access to documents produced by and for all three branches of the federal government, including the Supreme Court, the Congress, and all executive branch agencies like the FCC and... The Eighty-third United States Congress was in session from 1953 to 1955. ... The logotype of the United States Government Printing Office In the United States, the Government Printing Office (GPO) prints and provides access to documents produced by and for all three branches of the federal government, including the Supreme Court, the Congress, and all executive branch agencies like the FCC and... The Eighty-third United States Congress was in session from 1953 to 1955. ... The logotype of the United States Government Printing Office In the United States, the Government Printing Office (GPO) prints and provides access to documents produced by and for all three branches of the federal government, including the Supreme Court, the Congress, and all executive branch agencies like the FCC and... The Eighty-fourth United States Congress was in session from 1955 to 1957. ... The logotype of the United States Government Printing Office In the United States, the Government Printing Office (GPO) prints and provides access to documents produced by and for all three branches of the federal government, including the Supreme Court, the Congress, and all executive branch agencies like the FCC and... The Eighty-fifth United States Congress was in session from 1957 to 1959. ... The logotype of the United States Government Printing Office In the United States, the Government Printing Office (GPO) prints and provides access to documents produced by and for all three branches of the federal government, including the Supreme Court, the Congress, and all executive branch agencies like the FCC and... The United States Constitution is the supreme law of the United States of America. ... The Preamble to the United States Constitution consists of a single sentence (a preamble) that introduces the document and its purpose. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution states the establishment of the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Article Three of the United States Constitution establishes the judicial branch of the federal (national) government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ...

Amendments: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27
 Formation  History of the Constitution | Articles of Confederation | Annapolis Convention | Philadelphia Convention | New Jersey Plan | Virginia Plan | Connecticut Compromise | Signatories
 Adoption  Massachusetts Compromise | Federalist Papers
 Amendments  Bill of Rights | Ratified | Proposed | Unsuccessful | Conventions to propose | State ratifying conventions
 Clauses  Case or controversy | Commerce | Commerce (Dormant) | Contract | Copyright | Due Process | Equal Protection | Establishment | Free Exercise | Full Faith and Credit | Impeachment | Natural–born citizen | Necessary and Proper | No Religious Test | Presentment | Privileges and Immunities (Art. IV) | Privileges or Immunities (14th Amend.) | Speech or Debate | Supremacy | Suspension | Taxing and Spending | Territorial | War Powers
 Interpretation  Congressional power of enforcement | Double jeopardy | Enumerated powers | Incorporation of the Bill of Rights | Nondelegation | Preemption | Separation of church and state | Separation of powers | Constitutional theory

  Results from FactBites:
 
Bricker Amendment (1253 words)
The Bricker Amendment was a proposal to amend the United States Constitution in the 1950s to limit the federal government's treaty-making powers.
Sponsored by Senator John W. Bricker, a conservative Ohio Republican, the amendment declared that no treaty could be made by the United States that conflicted with the U.S. Constitution, was self-executing without domestic legislation being passed by Congress, or which granted Congress legislative powers beyond that enumerated in the Constitution.
Bricker reintroduced the measure every Congress until he was voted out of the Senate in 1958, after which it never again came up for a vote.
NationMaster - Encyclopedia: Bricker Amendment (9593 words)
These amendments would have placed restrictions on the scope and ratification of treaties and executive agreements entered into by the United States and are named for Senator John W. Bricker of Ohio, a conservative Republican, their sponsor.
Bricker's proposal attracted broad bipartisan support and was a focal point of intra-party conflict between the Eisenhower Administration and the Old Right faction of conservative Republican senators.
Holland was cited as a justification of the Bricker Amendment.
  More results at FactBites »

 
 

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