"Whereas the effect of this provision of the Constitution of the United States is to enable the President, with the consent of two-thirds of the Senate, to change the Constitution of the United States and enlarge the powers of the Congress by conferring upon the Congress power to enact laws to implement and enforce such treaties; and

"Whereas the practice, if continued, could well result in complete destruction of the States and in gross invasions of the rights of the citizens of the United States; and

"Whereas such a condition is extremely dangerous and undesirable: Now, therefore, be it.

"Resolved by the General Assembly of Georgia, That the Congress of the United States be hereby requested to call a convention for the purpose of proposing an amendment to article VI, clause 2 of the Constitution of the United States relating to the treaty-making power and that it be amended in the following respects:

"1. To provide that a treaty shall not become the supreme law of the land upon ratification except to the extent that it shall thereafter be made so by act of Congress;

2. To provide that in legislating to give effect to treaties Congress shall make no law not otherwise authorized by the Constitution; and

"3. To provide that the basic structure of the United States Government as now embodied in the Constitution, the express limitations of the Constitution on the powers of Congress, the guarantees of rights and freedoms contained in the Constitution and the Bill of Rights, and the powers reserved to the States and to the people, shall not be in anywise altered by any treaty or executive agreement nor otherwise than by constitutional amendment; be it further

"Resolved, That the Congress of the United States be, and it herby is, requested to provide as the mode of ratification that said amendment shall be valid to all intents and purposes, as part of the Constitution of the United States, when ratified by the legislatures of three-fourths of the several States; and be it further

"Resolved, That a duly attested copy of this resolution be immediately transmitted to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States, and to each Member of the Congress from this State.

"HOUSE ENROLLED CONCURRENT RESOLUTION 4

"A concurrent resolution making application to the Congress of the United States pursuant to article V of the Constitution of the United States for a convention proposing an amendment to the Constitution of the United States "Be it resolved by the House of Representatives of the General Assembly of the State of Indiana (the Senate concurring)—

"SECTION 1. The General Assembly of the State of Indiana, pursuant to article V of the Constitution of the United States, hereby makes application to the Congress of the United States to call a convention for proposing the following article as an amendment to the Constitution of the United States:

"SECTION 1. A provision of a treaty or other international agreement not made in pursuance of this Constitution shall have no force or effect. This sec

tion shall not apply to treaties made prior to the effective date of this Constitution.

"SEC. 2. A treaty or other international agreement shall have legislative effect within the United States as a law thereof only through legislation, except to the extent that the Senate shall provide affirmatively, in its resolution advising and consenting to a treaty, that the treaty shall have legislative effect.

"'SEC. 3. An international agreement other than a treaty shall have legislative effect within the United States as a law thereof only through legislation valid in the absence of such an international agreement.

"SEC. 4. On the question of advising and consenting to a treaty, the vote shall be determined by yeas and nays, and the names of the Senators voting for and against shall be entered on the Journal of the Senate.'

"SEC. 2. The State of Indiana requests that such amendment shall be valid to all intents and purposes as part of the Constitution of the United States when ratified by the legislatures of three-fourths of the several States.

"SEC. 3. For the reason that the power of the sovereign States to propose amendments to the Constitution of the United States by convention under article V has never been exercised and no precedent exists for the calling or holding of such convention, the State of Indiana hereby declares the following basic principles with respect thereto : that the power of the sovereign States to amend the Constitutions of the United States under article V is absolute; that the power of the sovereign States to propose amendments to the Constitution by convention under article V is absolute; that the power of the sovereign States extends over such convention and the scope and control thereof and that it is within their soverign power to prescribe whether such convention shall be general or shall be limited to the proposal of a specified amendment or of amendments in a specified field; that the exercise by the sovereign States of their power to require the calling of such convention contemplates that the applications of the several States for such convention shall prescribe the scope thereof and the essential provisions for holding the same; that the scope of such convention and the provisions for holding the same are established in and by the applications therefor by the legislatures of the two-thirds majority of the several States required by article V to call the same, and that it is the duty of the Congress to call such convention in conformity therewith; that such convention is without power to transcend, and the delegates to such convention are without power to act except within, the limitations and provisions so prescribed.

"SEC. 4. The State of Indiana requests that such convention shall be called and held in conformity with the following limitations and provisions, and that the Congress, in the call for such conventon, hereby is requested to and shall prescribe:

"1. That such convention shall be held in the city of Philadelphia, in the State of Pennsylvania, on the first Monday of the first December following transmission to the Senate and the House of Representatives of the Congress of the United States of applications for such convention by the legislatures of two-thirds of the several States and, in honor of the Nation's founders and for invocation, shall convene at Constitution Hall, at Independence Square, at the hour of 10:00 o'clock in the morning of such day, and thereupon adjourn to more commodious quarters within said city for session as the convention shall determine;

2. That the several States shall have equal suffrage at such convention; that each of the several States shall be entitled to three delegates thereat and that each of such delegates shall be entitled to one vote; that the delegates to such convention from the several States shall be the highest officer of the senate and the highest officer of the house of representatives of their respective legislatures at the time of such convention, except that in States where the lieutenant governor is president of the senate, the president of the senate pro tem or other highest officer from the membership of the senate shall be such delegate from the senate and in States having a unicameral legislature the two highest officers of its legislature shall be such delegates, which two delegates in each of the several States shall jointly designate a citizen of such State at large who shall be the third delegate from such State to such convention: that in case of a vacancy in the office of any delegate during such conventon, not otherwise filled pursuant to law or by legislative act or as herein provided,

80-847-72- -42

such vacancy shall be filled by the governor of such State from the senate or house of its legislature or the State at large, respectively, as the case may be; that during such vacancy and during the absence of a delegate from the floor of the convention the delegates present from such State shall be empowered to exercise the vote of the absent delegate or delegates from such State; that the legislature of any State may choose its delegates to such convention, other than hereinabove designated, in which case the delegates so chosen shall be certified to the convention by the secretary of state of such State and shall constitute the delegates of such State at such convention in lieu of the delegates otherwise hereinabove designated.

"3. That such convention shall be limited and restricted specifically to the consideration and proposal of this amendment, or such other amendments as may be proposed by the Several States of these United States; the choosing of officers and adoption of rules of procedure for the conduct of such convention and the maintenance of order thereat, the determination of any issue respecting the seating of delegates, adjournment from day to day and to a day certain and from place to place within said city as may be convenient, and adjournment sine die; and such convention shall not be held for any other purpose nor have any other power, and the delegates thereto shall have no power other than within the limitations herein prescribed;

"4. That a permanent record shall be made of the proceedings of such convention, which shall be certified by the secretary of the convention, the original of which shall be placed in the Library of Congress and printed copies of which shall be transmitted to the Senate and the House of Representatives of the Congress, to the Secretary of State of the United States, and to each house of the legislature and to the secretary of state of each of the several States;

"5. That the powers of such convention shall be exercisable by the States, represented at such convention by fully constituted delegates thereat, by majority vote of the States present and voting on such proposal, and not otherwise. "SEC. 5. The State of Indiana requests that this application shall constitute a continuing application for such convention under article V of the Constitution of the United Statse until the legislatures of two thirds of the several States shall have made like applications and such convention shall have been called and held in conformity therewith, unless the Congress itself propose such amendment within the time and manner herein provided.

"SEC. 6. The State of Indiana requests that proposal of such amendment by the Congress and its submission for ratification to the legislatures of the several States in the form of the article hereinabove specifically set forth, at any time prior to sixty days after the legislatures of two-thirds of the several States shall have made application for such convention, shall render such convention unnecessary and the same shall not be held; otherwise such convention shal be called and held in conformity with such applications.

"SEC. 7. The State of Indiana requests that as this application under article V of the Constitution of the United States is the exercise of a fundamental power of the sovereign States under the Constitution of the United States a receipt of this application by the Senate and the House of Representatives of the Congress of the United States be officially noted and duly entered upon their respective records, and that the full context of this resolution be published in the official publication of both the Senate and the House of Representatives of the Congress.

"SEC. 8. Certified copies of this resolution shall be transmitted forthwith to the Senate and the House of Representatives of the Congress of the United States, to each Senator and Representative in the Congress from this State, and to the Secretary of State of the United States, and to each house of the legislature and to the secretary of state of each of the several States, attesting the adoption of this resolution by the legislature of this State.

"Approved March 12, 1957.

"Filed March 12, 1957.

"CRAWFORD F. PARKER,

"President of Senate. "GEORGE S. DIENER,

"Speaker of House of Representatives.

"HAROLD W. HANDLEY,

"Governor of the State of Indiana.

"FRANK A. LENNING, "Secretary of State of Indiana."

[From The Washington Post, Sunday, April 16, 1972]

U.S. POLICY MAY GET HOOVER-TYPE STUDY

(By Spencer Rich, Washington Post Staff Writer)

Alarmed by a proliferation of U.S. civilian personnel overseas in foreign policy roles, Sens. George D. Aiken (R-Vt.) and J. W. Fulbright (D-Ark.) have moved to create a new Hoover Commission to study the functions of the different federal agencies in the making of foreign policy.

Aiken is the senior Republican on the Senate Foreign Relations Committee and Fulbright is the chairman. They quietly pushed through the committee this week an amendment creating a 12-member "Little Hoover Commission" to undertake a two-year study of how foreign policy is made, with emphasis on recommendations for centralizing decision-making and cutting overlap.

The amendment was attached to a bill authorizing State Department and USIA funds.

Aiken said in an interview yesterday that he was particularly struck by recent committee testimony showing that there are 3,400 State Department personnel overseas in regular posts, and 22,000 from such other functions as the Central Intelligence Agency, U.S. Information Agency, Commerce Department, Treasury, Agency for International Development, Agriculture Department, Department of Health, Education and Welfare-and even the Veterans' Administration, which an Aiken aide said has counselors in the Philippines.

Aiken said that half the study commission members would be from Congress and half would be from the executive branch and non-government positions. Under the amendment approved by the Foreign Relations Committee, the President will appoint two members from the public and two from the executive branch, and the Senate and House each will appoint two of their own members and two persons from private life-a total of 12. Like the original Hoover Commission, the new unit would be given a staff and subpoena powers. An Aiken aide remarked that there are so many foreign policy agencies that each tends to have its "own" foreign policy and sometimes doesn't work in harness with the others.

Aiken recalled that he had been a member of the original 1947-48 Hoover Commission, headed by former President Herbert Hoover, which did a massive study of federal government organization that resulted in some major structural reforms. "Herbert Hoover expected us to work day and night," Aiken said.

[From the Oakland Tribune, Oakland, Calif., April 24, 1972]

GOLDBERG, CLIFFORD AT POLICY HEARING

Washington (AP)-Former United Nations ambassador and Supreme Court Justice Arthur J. Goldberg and former Defense Secretary Clark M. Clifford urged Congress today to take greater responsibility for developing the nation's foreign policy.

They differed, however, in a bill by Sen. Sam J. Ervin Jr., D-N.C., to give Congress power to veto executive agreements made by the President with other nations

While Goldberg endorsed the measure and said he had no doubt of its constitutionality, Clifford suggested that it went too far in infringing on the President's powers.

Another witness, Macalester College President James A. Robinson, said it "misses the mark" and would not have prevented "the major mistakes of recent foreign policy."

Robinson said Congress should play a positive, not a negative role, seeking creative and constructive alternatives to foreign policies of the executive branch.

Ervin conducted the hearing on his bill as chairman of the separation of powers subcommittee of the Senate Judiciary Committee. He expressed concern about the increasing use of executive agreements with other nations as a substitute for treaties that are subject to ratification by the Senate.

Ervin's measure is one of a number, like a bill recently passed by the Senate to limit the President's war powers, reflecting efforts to assert a greater Congressional role in foreign affairs.

Goldberg said the Constitution requires the President to submit substantive agreements affecting relations with other countries to the Senate for approval, adding that the proliferation of executive agreements in recent times "cannot justify departure from plain constitutional mandates."

The President's power to enter into binding agreements with foreign powers, he said, is confined to matters of a routine or administrative nature, or expressly authorized by a treaty or by legislation passed by Congress.

Clifford said he is "troubled about the recent trend toward unilateral exercise of presidential powers in the international arena" and sympathized with and supported the intent of Ervin's bill.

But he said the executive agreement authority has a sound basis in constitutional law and testified he did not believe such as those recognizing a foreign government, settling claims, or ending hostilities.

[From The Washington Post, Washington, D.C., April 25, 1972]

U.S. TO HAVE CAMBODIA TIE AFTER VIET PULLOUT, HILL TOLD

(By Laurence Stern, Washington Post Staff Writer)

Administration witnesses have told the House Foreign Affairs Committee that the United States will have a defense commitment to Cambodia even after all U.S. troops are withdrawn from South Vietnam.

This position, spelled out in testimony released yesterday by the committee, suggests a broader scope of U.S. commitment to the survival of the present government in Phnom Penh than the administration previously articulated.

Until now the principal administration justifications for direct American intervention and aid in behalf of the Lon Nol government were first, to safeguard the withdrawal of American troops from South Vietnam and, most recently, to help Cambodia maintain its "neutrality."

The newest enlargement of the rationale for aid to the Phnom Penh government was supplied last March 22 and 23 by Lt. General George M. Seignious II, director of the U.S. Security Assistance Program, and Assistant Secretary of State for East Asian Affairs Marshall Green.

"I think we may have a U.S. interest and policy reasons that would indicate that it was prudent and in our interest to continue some form of support to Cambodia after the U.S. forces have withdrawn from South Vietnam," Seignious said in rely to questioning by Rep. Donald M. Fraser (D-Minn.)

At the same time Seignious asserted that, "we do not have any formal obligation or a commitment to Cambodia that I know of."

Green echoed this position. Assuming all American forces are out of South Vietnam, he said, "I still think we have an interest in the Cambodians being able to have a government of their own choosing, that we could still be opposed to aggression succeeding and taking over Cambodia."

The administration's statements of its goals in Cambodia have been both ambiguous and somewhat ad hoc since the May, 1970, “incursions" by American and South Vietnamese troops.

On May 14, 1970, Secretary of State William I. Rogers said the defense of the Cambodian government is not "our primary purpose and that will not be our purpose in the future."

Since then the administration has begun programs of military and economic assistance to the Phnom Penh government which this year reached a level of $341 million.

Green revealed in his testimony that the United States is now seeking to help build a Cambodian army force level of 220,000 in fiscal 1973. The current Cambodian force level envisioned in the military aid program is 200,000. Last year the United States was seeking to support a 150,000 Cambodian army. In 1970, when Prince Norodom Sihanguk was deposed by General Lon Nol, the Cambodian army numbered about 30,000.

It was disclosed during the executive session questioning of Seignious that the House Foreign Affairs Committee had prepared a draft report that was secerely critical of the performance of the Cambodian military.

The report, compiled by two staff members who visited Cambodia last fall, asserts, that the Cambodian high command is "poorly trained, luxury-loving