711.03/2–954: Telegram
The Acting Secretary of State to the Secretary of State, at Berlin1
Tedul 35. Knowland has advised Brownell Senator George willing amend section 2 his proposed resolution to read:
“Section 2. An international agreement other than a treaty shall become effective as internal law in the United States only by an act of the Congress, but this section shall not be construed to affect the power of the President as Commander in Chief of the Army and Navy or the United States as provided in Article II, section 2 of the Constitution, or the power of the President to receive ambassadors and other public ministers as provided in Article II, section 3 of the Constitution. The enumeration of certain powers of the President in this section shall not be construed to deny or disparage other powers vested in him by the Constitution.”
Knowland has requested Brownell’s views. Please let me have your comments. This language is not scholarly and net result may be that it does not curtail presidential power. However, argument can be made that presidential powers not enumerated while not curtailed otherwise are nevertheless prevented from having internal effect without act of Congress. While probably not intended by author, section probably makes executive agreements plus act of Congress equivalent of a treaty.
- Drafted by Phleger, who initialed the telegram for the Acting Secretary.↩