Memorandum for the Executive Clerk’s Permanent White House File: For the benefit of my successors I wish to make this record of my objections to S. J. Res. 170, 86th Congress, even though, as explained below, it finally received my approval, albeit reluctantly.1
The joint resolution creates a United States Citizens Commission on NATO which is to meet with similar citizens commissions from other NATO countries "to explore means by which greater cooperation and unity of purpose may be developed to the end that democratic freedom may be promoted by economic and political means." By express provision, the Commission has no authority to speak for or to represent the United States Government. Its members are to be appointed by the President of the Senate and the Speaker of the House of Representatives and $300,000 is authorized to be appropriated to the Department of State for Commission purposes.
This legislation in its original form was a concurrent resolution not requiring the approval of the President. It established no Commission, no appropriation was authorized and, although not specific on the question of appointment, it was implicit that United States representatives would in some manner be selected by the Congress. The State Department more than a year ago, after bringing the matter to my attention, had indicated to the Congress that there was no objection to such a concurrent resolution, provided specifically that the United States representatives were designated by the Legislative Branch.2
The measure presented to me, however, was a joint resolution requiring my approval and further involving the Executive Branch by authorizing an appropriation to the Department of State for the funding of the Commission.
Through inadvertence these changes in the form and substance of the legislation were never discussed with me and the Department of State supported the measure in its new form. I ultimately concluded that I should approve the measure rather than vitiate the efforts of a number of people, all working in good faith and for a good cause.
My objection to the legislation is one of principle and can be simply stated: If the Executive Branch is to handle the finances of such a commission and if the President is to approve the legislation creating the Commission, then appointments to the Commission should be made by the President. Only in such form would the measure fully accord with the historic separation of powers doctrine and the Executive’s Constitutional responsibility for the conduct of the nation’s foreign relations.
