CONGRESSIONAL OVERSIGHT OF EXECUTIVE AGREEMENTS HEARING BEFORE THE SUBCOMMITTEE ON SEPARATION OF POWERS OF THE COMMITTEE ON THE JUDICIARY NINETY-SECOND CONGRESS SECOND SESSION ON S. 3475 A BILL TO HELP PRESERVE THE SEPARATION OF POWERS 80-847 APRIL 24 AND 25; MAY 12, 18, AND 19, 1972 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1972 COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas EDWARD M. KENNEDY, Massachusetts QUENTIN N. BURDICK, North Dakota ROMAN L. HRUSKA, Nebraska HUGH SCOTT, Pennsylvania STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland SUBCOMMITTEE ON SEPARATION OF POWERS JOHN L. MCCLELLAN, Arkansas CHARLES MCC. MATHIAS, JR., Maryland RUFUS L. EDMISTEN, Chief Counsel and Staff Director ARTHUR S. MILLER, Consultant (II) Case, Clifford P., a U.S. Senator from the State of New Jersey. Clifford, Clark M., former Secretary of Defense Erickson, Ralph E., assistant attorney general, Office of Legal Counsel, Fisher, Adrian S., dean, Georgetown University Law Center. Fulbright, J. W., a U.S. Senator from the State of Arkansas - Goldberg, Arthur J., Justice, Supreme Court of the United States, retired, and former Ambassador to the United Nations__. Haviland, Henry Field, Jr., director, Fletcher School of Law and Di- S. 3475, a bill to help preserve the separation of powers and to further the constitutional prerogatives of Congress by providing for congressional S. 596, a bill to require that international agreements other than treaties, hereafter entered into by the United States, be transmitted to the SUPPLEMENTAL MATERIALS Borchard, Edwin, excerpt from "Treaties and Executive Agreements-A Byrd, Elbert M., Jr., "Constitutional Limits on International Agreements in the Space Age", 56 Northwestern University Law Review (1961). Case, Clifford P., a U.S. Senator from the State of New Jersey: "S. 596-Introduction of a bill relating to Executive Agree- ments", 117 Congressional Record, February 4, 1971. "Separation of Powers", Christian Science Monitor, May 15, "Statements on Introduced Bills and Joint Resolutions"; S. 3637, Congressional Record, May 24, 1972... Ervin, Sam J., a U.S. Senator from the State of North Carolina: Page 627 "National Commitments", 115 Congressional Record, June 25, "The Role of the Congress in the Making of Executive Agree- ments", introduction of S. 3475, 118 Congressional Record, April 11, 1972. Fulbright, J. W., a U.S. Senator from the State of Arkansas, "U.S. Com- mitments to Foreign Powers", introduction of Senate Resolution 151, 113 357 Montross, George M., "Has Our Government Become an Elective Mon- Moore, John N., professor, School of Law, University of Virginia, letter of Resolutions of States making application to the Congress of the United State of Florida, with statement of Claude Pepper, a U.S. State of Georgia, 98 Congressional Record 1057 (1952) - 1972.. "Department Circular No. 175", December 13, 1955. "Circular 175 Procedures", 11 Foreign Affairs Manual, ch. 700, Excerpts from "International Agreements Other Than Treaties 1946-1968: A List with Citations of Their Legal Bases", January 10, 1969, pp. 261-273, citations of agree- ments made under the President's constitutional authority- Excerpt from "Addendum to the Compilation of January 10, 1969, entitled 'International Agreements Other Than Treaties 1946-1968', to cover the period to April 1972", pp. 36-39, citations of agreements made under the President's constitutional authority, and statistical analysis of agree- Agreement with Spain, "Friendship and Cooperation", Au- Agreement with Spain, "Defense, Use of Military Facilities in Spain", September 25, 1970. Agreement with Portugal, supplementing the agreement of September 6, 1951, as supplemented, "Continued Stationing of American Forces at Lejes Base, Azores", December 9, 1971 Agreement with Bahrain, "Deployment in Bahrain of the United States Middle East Force", December 23, 1971 Memorandum of Law Regarding Conclusion of Agreement with 637 638 639 407 417 |