Office of the Historian

711.00/2–154: Telegram

The Acting Secretary of State to the Secretary of State, at Berlin1

confidential
Washington, February 1, 1954—7:14 p.m.

Tedul 15. Following cable to you of twenty-ninth2 State and Justice drafted proviso for Section 3 of draft sent you January twenty-eighth3 to clarify that this did not affect President’s constitutional authority. This proviso read “but this shall not affect the authority of the President under the Constitution as Commander in Chief or in the field of international relations of the United States.” Since then, Senators seem reluctant to accept this proviso, and it is becoming evident that they really wish to effect a change in the President’s authority by this section. Understand Bricker willing to accept substitute provided no proviso is added to Section 3. At moment understand George against proviso, but no final decision made and entire matter still under discussion. President has made known he opposes Section 3 unless it contains some clarifying proviso protecting existing Presidential authority. Will keep you advised.

Smith
  1. Drafted by Phleger who signed the telegram for Acting Secretary Smith.↩
  2. Tedul 8 to Berlin, which is described in footnote 2, p. 1842.↩
  3. This draft was contained in Tedul 7 to Berlin, Jan. 28, p. 1839.↩