711.03/2–654
The Legal Adviser (Phleger) to the Secretary of State, at Berlin
[Washington,] February 2, 1954.
Dear Foster: Supplementing my cable of last night,1 I enclose some clippings2 which tell the story fairly accurately. I think the situation can be summed up as follows:
- 1.
- The Bricker Amendment, as such, with the which clause is beaten—he is willing to accept a substitute provided the President approves it and it contains a substantial concession, which I interpret as something that he thinks he could build up by interpretation to mean a lot—possibly even a hidden which clause.
- 2.
- George put in his proposal intending to be helpful, I am sure, but without realizing how it could be interpreted to cut Presidential power. However, when asked to agree to a clarifying proviso, as was suggested, he refused.
- 3.
- Knowland and Ferguson are anxious to have an amendment, first because they believe in the general Bricker philosophy, second because they don’t want a party split and would like the matter settled once for all. They willingly accept the George proposal and its broadest possible interpretation.
- 4.
- The President and the Attorney General realize that the George proposal can be interpreted to cut down Presidential authority and when George and others refused to accept a clarifying proviso, they were fearful that if adopted it could be very harmful because of Bricker and other broad interpretations. The President, while desiring an amendment that would settle the controversy, is opposed to George proposal interpreted as George and others evidently intend.
- 5.
- Currently Knowland and Ferguson and Millikin want the President to write a letter approving substitute without the George proposal. George says he will press for his proposal. The result might be that both would be combined and adopted although this is questionable with Presidential opposition. Another result might be that the matter would be recommitted.
- 6.
- At the moment the President has not written any letter, and everyone is considering what to do. Your cable was shown to the [Page 1847] President and Brownell, but it has not otherwise been communicated.
- 7.
- Knowland has written the Department requesting a list of all executive agreements made in the last ten years, with statement of authority therefor, and whether and to what extent they affect internal law, this to be submitted to Foreign Relations Committee. This compilation would take some months to prepare and it may be that Knowland move is to provide basis for adopting substitute without George section and recommending that George section be given further study by the Committee in light of information on executive agreements to be supplied by Department.
I will keep you advised.
Sincerely,
Herman Phleger