Presidential Papers, Doc#139 Personal and confidential To Edgar Newton Eisenhower, 7 April 1953. In The Papers of Dwight David Eisenhower

Document #139; April 7, 1953
To Edgar Newton Eisenhower
Series: EM, AWF, Name Series ; Category: Personal and confidential

The Papers of Dwight David Eisenhower, Volume XIV - The Presidency: The Middle Way
Part I: Charting a New Course; January 1953 to April 1953
Chapter 2: "A number of misunderstandings": Party and International Struggles

 

Dear Ed: At least I took one part of your advice. This morning I had Styles Bridges to breakfast and we had a very nice visit.1

It seems to me that it is useless to pursue further the subject of the Bricker Amendment. For my own point of view, I cannot agree that merely because one President desperately tried to arrogate to himself greater power than contemplated in the Constitution, that the Constitution should be changed so as to limit the legitimate powers of the President.2

The treaty-making power is an important and heavy responsibility. It was one of the real reasons for the establishment of our Constitution, and it received earnest study on the part of those who framed the document. In recognition of its very great influence upon our lives, the Congress decided that a two-thirds majority would be necessary for ratification.3

One thing you should understand is that most of the "Executive Agreements" deal with the setting up of international groups or bodies that explore and study questions. For example, I have a number of representatives right now studying, with representatives from other nations, what would be a good course of action in particular instances. But in none of these cases does anything become of any moment to us unless it contemplates action to be taken under the provisions of a previously approved treaty, or later becomes included in the provisions of a treaty which is then submitted to the Senate for approval.4

There is nothing that has taken place in any of the so-called war conferences and meetings that has binding effect upon the United States or upon any one of our citizens. If a President presumed, on his own authority, to commit our country to such an obligation, then he would, in my opinion, be acting unconstitutionally.5 As ever

1 For background on the issue and on Senator Bridges see no. 121.

2 Eisenhower was probably referring to the charge by legislators that President Roosevelt exceeded his authority in making concessions to the Russians at the Yalta Conference. President Truman, however, had also been scored for his decisions to send troops to Western Europe and Korea without the consent of Congress.

3 Article 2, Section 2, of the U.S. Constitution states that the President "shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur."

4 Bricker's concern that presidents could use executive agreements to circumvent the restriction placed on their treaty-making powers had prompted him to include the following section in Senate Joint Resolution 1, introduced in January 1953: "All executive or other agreements between the President and any international organization, foreign power, or official thereof shall be made only in the manner and to the extent to be prescribed by law. Such agreements shall be subject to the limitations imposed on treaties, or the making of treaties, by this article" (see Tananbaum, Bricker Amendment Controversy, pp. 35, 223).

5 See no. 119. For subsequent developments see no. 233.

Bibliographic reference to this document:
Eisenhower, Dwight D. Personal and confidential To Edgar Newton Eisenhower, 7 April 1953. In The Papers of Dwight David Eisenhower, ed. L. Galambos and D. van Ee, doc. 139. World Wide Web facsimile by The Dwight D. Eisenhower Memorial Commission of the print edition; Baltimore, MD: The Johns Hopkins University Press, 1996, http://www.eisenhowermemorial.org/presidential-papers/first-term/documents/139.cfm

 


Dwight D. Eisenhower Memorial Commission
1629 K Street, NW Suite 801
Washington DC 20006
Phone: 202.296.0004    Fax: 202.296.6464