711.03/5–2854
Memorandum by the Secretary of State to the President1
- Subject:
- The Bricker Amendment
I have your memorandum of May 26,2 addressed to me and to the Attorney General, with reference to the “Bricker Amendment”.
The suggested amendment would not, I fear, be acceptable to the Executive. For example, it would exclude Executive agreements being effective here even if made under the authority of a present treaty. It says that they shall operate here only if made under the [Page 1854] authority of a treaty “hereafter” ratified, thus prohibiting the making of Executive agreements to implement such treaties as those dealing with the Status of Forces, which has been duly ratified, etc.
A more fundamental problem seems to me to be the wisdom of opening up this question at all at this time. It would almost surely be used as a basis for a Democratic filibustering against your program. Perhaps the Democrats will themselves open up the Bricker Amendment for tactical reasons. If so, we may have to deal with it along the lines of some compromise. However, I would greatly doubt the wisdom of the Administration itself initiating a reopening of the question. An incidental consideration is that this would greatly embarrass some of our best and most loyal supporters in the Senate, as, for example, John Cooper, who has strongly fought the whole idea of a constitutional amendment.
Dick Nixon tells me that he feels that it would be a great mistake of the Administration to inject this very troublesome question into the Congress during this closing two-months’ period when all efforts should be concentrated on getting your legislative program through.
It is my impression that the popular interest in the Bricker Amendment has very much died down.