Senator ERVIN. But I would hate to think about the only effective power Congress has in this field is the appropriation power. Dr. BYRD. Why, Senator? Senator ERVIN. Because the President can do what he pleases, and all along there is no way to restrain his activities. He can go out and make any kind of agreement with any other country, and the Congress cannot do anything about it except withhold funds after his error is discovered." Dr. BYRD. That is doing a lot about it. Senator ERVIN. Well, it is locking the stable door long after the horse Dr. BYRD. I mentioned the horse a moment ago. I may say with regard to that don't misunderstand me. I am for essentially what your purposes are. I was against the Vietnamese war a long time before a lot of other people. When I ran for Congress in 1966, 85 percent of the people, according to the public opinion polls, were for the Vietnam invasion or sending troops to Vietnam. And, of course, I probably made a mistake saying I am against that when only 15 percent of the people said they agreed with me. So I am not a Johnnycome-lately; I was too early on that, politically speaking. So it is immaterial to me though, with regard to what I told you, what my views are on that. I was against the Vietnam situation way back then. But it is a matter of my being against the wisdom of the President, not a matter of my being against the power of the President. I think there is a distinction we must pay much more attention to than we have. Senator ERVIN. We have a North Carolina expression: "He can do about it like he damn pleases." If you excuse the North Carolina expression. Dr. BYRD. I think you get the point. As long as you let him. Senator ERVIN. That is the reason I think the Founding Fathers put that treatymaking provision in article II, section 2. They meant what they said. Dr. BYRD. But, Senator, James Madison was one of the architects of the Constitution and that provision. One of the very first international agreements was other than a treaty. It was borrowing a very large sum of money from Holland and legislation passed, and along with the same thing, the same Jay Treaty debate that went on for 65 days with nothing else taken up but just that one subject in the House here. Madison had many occasions publicly to comment on that, but only in writing to Thomas Jefferson by letter, saying it is a verynot quoting exactly-it is a very interesting thing to note that the agreement with Holland on floring was consummated solely with the power of the Congress and the Senate not having its treaty power operating. He said this in a letter to Jefferson. Senator ERVIN. I think that was in the field of our legislative power. Dr. BYRD. But it is international agreement. Senator ERVIN. But it was legislatively authorized. 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, 1949; 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 News, 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 Southwest 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, Partici pant 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. 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. 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, 1962-1963; past Treasurer and first Vice President, Young Democratic Club of Prince 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, 1962-1963. 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 Chairman, Prince George's Citizens for McCarthy for President, 1968. |