網頁圖片
PDF
ePub 版

Senator Ervin. Yes. So I would think that Congress has legislative power and it can do the same thing by legislative method that can be done by the treaty.

Dr. BYRD. Many things.

Senator Ervin. But I cannot go along with any theory the President can go out and do it. He has to have a legislative act authorizing it, or he has got to have a treaty.

Dr. BYRD. I am sure you would agree with the concept of reciprocal trade agreement. It gives authority to the President beforehand.

Senator ERVIN. Yes.

Dr. BYRD. And most of the important, if I may use the term, international and other, have been under such legislation by far.

Senator ERVIN. I do not have any trouble with that.
Dr. BYRD. I know.

Senator Ervin. In other words, you have a prior case in that Congress gave the power by a legislative act, authorizing the treaty in advance.

Dr. BYRD. Yes.

Senator ERVIN. But it was a legislative act which gave the authority. I have no trouble with the legislative act and no trouble with the treaty doing the same thing by either method, but I do not think the President can pass a law and I do not think he can make an executive agreement have the force of a treaty.

Dr. BYRD. You mean operating as law upon a citizen of the United States?

Senator ERVIN. Yes. Dr. Byrd. I agree with that, except that in his role as Commander in Chief, you might as well call it a law if he says you go there, you know. Whether it is law or an order, I would advise you to go, if

, you are in the service.

Senator Ervin. We are certainly greatly indebted to you for your appearance here. Dr. BYRD. It has been a pleasure to be here.

Senator Ervin. I will try and get your book and read it the first chance I get.

Dr. Byrd. It is out of print, but I am sure you can get if from the Library of Congress.

Senator ERVIN. I am sure I can. In fact, a member of the staff has already checked it out [indicating]. I am sorry it is out of print.

Thank you very much, Dr. Byrd.

The subcommittee will stand in recess until 10 a.m. tomorrow, when it will convene in room 114, New Senate Office Building.

(Whereupon, at 5 p.m. the subcommittee recessed, to reconvene at 10 a.m. the next morning.)

BIOGRAPHICAL INFORMATION-ELBERT M. BYRD, JR. Current position: Self Employed: (1) Resort owner and operator; (2) Consultant and Visiting Professor; (3) Announcer, WMTD Radio, Hinton, W. Va.

I. PERSONAL DATA

Date of birth: December 26, 1923
Place of birth: Wytheville, Virginia
Marital status: Married, 3 children (Born 1946, 1949, and 1963).

II. EDUCATION

B. S. in Social Sciences, American University, Washington, D. C., June, 1953; major in International Relations and Organization.

M. A., American University, Washington, D. C., June 1954, major in International Relations and Organization.

Ph.D., American University, Washington, D. C., June 1959; major in Government. (Graduate training, Johns Hopkins University, Baltimore, Maryland, in political science. 1954–1955. Also Intelligence training, Strategic Intelligence School, Dept. of the Army, 1919; part-time attendance University of Maryland Law School, Sept., 1959 to June, 1960).

III. EXPERIENCE IN HIGHER EDUCATION

Johns Hopkins University, (Part-time Instructor 1954-1955 (Graduate Student). Course taught: American Government. University of Maryland. Instructor, Assistant 1957-1971 Professor and Assoc. Professor

Courses taught: American Government, International Law, International Relations, Constitutional Law, Political Theory, State and Local Government, Administration of Justice, Principles of Government and Politics; Seminars in Political Theory; Problems of American Government; Bibliography of Government and Politics; and American Political Institutions,

IV, EXPERIENCE OTHER THAN IN HIGHER EDUCATION

Military service from December 1940 to April 1951 during which time assignments were principally in tactical and strategic intelligence. Promotion to first sergeant received at age of 18, and battle field commission received at age of 19. Service included assignment as chief intelligence specialist of Air University Intelligence division, and embassy assignment as member of military attache office. Legislative Assistant to Congressman Carlton R. Sickles, 1966.

V. PUBLICATIONS, PATENTS, AND OTHER CREATIVE EFFORTS

Military publication included a series of unclassified intelligence studies called The Intelligence Bulletin, under sponsorship of the Air University, distributed Air Force wide from 1947 to 1949; and many classified publications distributed on a need-to-know basis.

Treaties and Executive Agreements in the United States (The Hague: Martinus Nijhoff, 1960).

The Judicial Process in Maryland (College Park: Bureau of Governmental Research, 1961).

"Constitutional Limits on International Agreements in the Space Age," North western University Law Review, March-April, 1961.

“Patterns of Local Government,” three part series in The Citizen News, Riverdale, Maryland, Sept. 28, Oct. 19, and Oct. 26, 1962.

"From Ancient Greece to World Government: The Ageless Problem of Equitable Representation,” Maryland Magazine, March-April, 1963; Congressional Record, May 29, 1963.

"The Role of the Lawyer in the Economic and Social Development of His Country Within the Framework of the Role of Law," Journal of the International Commission of Jurists (Geneva), Vol. V, No. 1, Summer 1964 (First Prize essay).

"Toward a New Constitution for Maryland,” Maryland Magazine, SeptemberOctober, 1965.

"A Modern Judiciary for Maryland: A Comparative Analysis,” Maryland Municipal Neus, August, 1967.

“The Constitutional Basis of Local Government in Maryland,” Maryland Municipal News, September, 1967.

"Toward a Policy of Arms Displacement,The Social Studies, March, 1970.

Several earlier articles written for The Southuest Virginia Enterprise, Wytheville, Virginia, appearing on dates of Dec. 20, 1950, Nov. 27, 1953, July 6, 1954, and Oct. 14, 1955.)

VI. PROFESSIONAL ACTIVITIES

Membership: American Political Science Association, Southern Political Science Association, District of Columbia Political Science Association, Participant in activities of National Center for Political Studies; Chairman of panels at Washington Metropolitan Conferences on Politics 1960 and 1963.

VII. HONORS RECEIVED

Membership, Pi Sigma Alpha, honorary Political Science fraternity. Membership, Honor Society, American University. First Prize in International competition for paper on “Role of the Lawyer." (See under publications above).

Grants from University of Maryland Graduate Research Board, 1960 and 1965. Excellence Award, June, 1967 from American Security Council for paper entitled "To Narrow the Preparation Gap: A Training Center for Overseas Business Representatives."

VIII. OTHER ACHIEVEMENTS AND ACTIVITIES

Overseas service, 1943-1945 and 1949–1950.
Awarded Bronze Star Medal (1945).

Participated in the development of the Language and Area Training Program in Arabic Studies, Beirut, Lebanon, 1949–1950.

Faculty Adviser Political Science Club (1957-1962), Pi Sigma Alpha 1962-1965), Young Democratic Club (1961-Present).

Service on G & P 1 Committee; Departmental Curriculum Committee; College Curriculum Committee; Graduate Faculty Committee; Senate Committee on Program, Curricula, and Courses; Department Recruitment and Appointment Committee; College Council Representative.

Graduate Fellowship, John Hopkins University, 1954–1955.
Graduate Assistantship, American University, 1956.

Ran for public office in 1962 and 1964 Maryland primary elections, and 1966 ; Treasurer, Young Democratic Clubs of Maryland, 1961-1962; Platform Committee Chairman, Young Democratic Clubs of Maryland Convention, 1961; Chairman, Young Democratic Clubs of Maryland Convention, 1961; Chairman, Young Democratic Clubs of Maryland Constitution and By-Laws Committee, 1552-1963; past Treasurer and first Vice President, Young Democratic Club of l'rince George's County ; President, Young Democratic Club of Prince George's County, 1963; Permanent Parliamentarian, Young Democrats of Maryland, 1963-1967.

President, Fair Representation Committee of Prince George's County, 1.962-1963.

Chairman, Committee to Study the Government of Prince George's County, appointed by the Maryland General Assembly, and author of report February, 1963.

Numerous speeches throughout the State of Maryland, sponsored both by the University of Maryland Speakers Bureau, and by political and civic groups.

Guest Lecturer, Industrial College of Armed Forces, August, 1962, 1963, 1964.
Chairman, Policy Committee, Prince George's Democratic Forum, 1965–66.
President, 19th District Democratic Club, Riverdale, Md. 1965–1967.
Observer, Maryland Constitutional Convention, 1967-68.
(hairman, Prince George's Citizens for McCarthy for President, 1968.
Listed in: Men of Science Who's Who in the East, 1968.

S. 3475— TO HELP PRESERVE THE SEPARATION OF POWERS AND TO FURTHER THE CONSTITUTIONAL PREROGATIVES OF CONGRESS BY PROVIDING FOR CONGRESSIONAL REVIEW OF EXECUTIVE AGREEMENTS

TUESDAY, APRIL 25, 1972

U.S. SENATE,
SUBCOMMITTEE ON SEPARATION OF POWERS OF THE

COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to recess, at 10:05 a.m., in room 1114, New Senate Office Building, Senator Sam J. Ervin (chairman of the subcommittee) presiding. Present: Senator Ervin (presiding).

Also present: Rufus L. Edmisten, chief counsel and staff director; Joel M. Abramson, minority counsel, and Prof. Arthur S. Miller, consultant.

Senator ERVIN. The subcommittee will come to order.

I am delighted to welcome to the subcommittee as the first witness today, Senator Clifford P. Case, distinguished Senator from New Jersey, who has long been interested in the field which we are exploring and who has made a most substantial contributon toward Lringing some order in this area by introducing a bill which the Senate has passed—and I trust the House will pass—which requires the executive branch of the Government to file all of the executive agreements with the Congress so that the Congress can take a look at them and know what is going on in this field.

I think you made a signal contribution to the country by introducing that bill, and I sincerely hope the House will pass it.

We are delighted to have you here, because you have given much study to executive agreements and probably are one of the most knowledgeable men in the country on the importance of some congressional action in this area.

STATEMENT OF SENATOR CLIFFORD P. CASE, A U.S. SENATOR

FROM THE STATE OF NEW JERSEY Senate Case. Thank you, Mr. Chairman. I am grateful for your introductory comments, and I am even more flattered by the fact that you found the bill in regard to sending up executive agreements to Congress worthy of building upon, and I am happy to be associated with you and other colleagues in this effort which is not—as

« 上一頁繼續 »