Constitution and World Government
KONVITZ, MILTON R.
Constitution and World Government National Sovereignty Is as Anachronistic as States' Rights By Milton R. Konvitz OU October 16 a group of promt, unit American*, meeting at Dublin, New Hampshire,...
...This certainly has not been done by our Government, Norman Cousins wrote in a recent editorial in The Saturday Review of Literature: "A common world sovereignty would mean that no state could act unilaterally in its foreign affairs...
...Calhoun claimed this sovereignty for the states as against the United States, and we now claim this sovereignty for the United States Government as against all other governments...
...Vyshinsky's speech wa< reprinted in the Bulletin ot the Soviet Embassy in Washington (Nov...
...TllERE is no express provision in the Constitution as to the effect of a conflict between a prior treaty and a later statute...
...It would mean that no state ronld withdraw from the central authority as a method of achieving/ its aims...
...Article VII of 'the * declaration provides that steps should be taken promptly to obtain an amendment to the Constitution of thai United States which will give the federal government the constitutional capacity to join the proposed World Federal Government...
...L.M.O...
...The interest or dignity may demand war, then or later...
...And this Bolshevik propaganda appears in an official publication of the Soviet Embassy in Washington, in violation of the Soviet-A iner icsn treaty...
...If the Federal Government cannot irrevocably bargain away by treaty the right to exercise sovereign power in the matter of eon-trolling the entrance of aliens into this country, how indefensible is the Idea that any branch or branches of1 the Federal Government may surrender that very power to a supernational authority...
...In the latter case it appeared that Congress had adopted statutes under which the Chinese were to he excluded from American shores...
...This action, they said, is piade necessary 'f we wish to avoid an atomic w»r "which would destroy civili-xatioit and possibly mankind itself...
...If the Federal lowsrnment cannot delegate or impair the sovereign power of the peuule , to exclude aliens," argues one of them in the pages of the Congressional Record, "then it cannot impair or delegate the sovereign power of the people to control their entry into war, to raise and support an army and a Navy, and to regulate their use...
...that it continues as ever to be an iron dictatorship...
...But now, as the Comintern is being "revived"—it never was dissolved -Com munist leaders (Foster, Ducloa, Mao T-c lung, et al...
...It would mean that no state could hare the instruments of power to aggres* against other states...
...These acts are known as the Chinese exclusion laws...
...After passage he signed the bill, saying, however, that if the exclusion provision had stood alone, "I should disapprove it without hesitation if sought in this way at this time...
...American merchants were boycotted...
...Anti-American demonstrations occurred in Japan...
...And yet today there is an American doctrine of unilateral nullification which makes participation in an effective organization of nations practically impossible...
...Behind the constitutional doctrine formulated by Field for the Supreme Court is the belief, also stated by Field, that in the field of international affairs the United States is an absolute sovereign, with plenary power to act as Congress and the President see fit, without constitutional limitations...
...Have the Soviets Abandoned Leninism...
...This doctrine stands in the way of effective international government...
...Vyshinsky at the Nov...
...This provision constituted a unilateral nullification of the Gentlemen's Agreement of 1907 between Japan and the United States...
...The act of 1924 played into the hands of the military power in 'apan, and certainty helped prepare the Japanese people for Pearl Harbor...
...A few days after the act was passed the American Ambassador to Japan resigned, as did also the Japanese Ambassador to the United States...
...17, 1945), and here is an excerpt, which answers the request of Attlee for a statement of the aims of the Soviet Government: "Lenin purged the fearhingH of Marx and Engcl.H from petty bourgeois distortions added by opportunists...
...are making a cautious and partial return to the ultra-left revolutionism of the "Third Period...
...One of the counts in the Indictments against the major Nazi war criminals on which Ihe trials in Nuremberg will begin soon is that these international gangsters commilted crimes agSinst the peace, by starting a war of aggression in violation of agreements, treaties and pads made b> the German government, notably the Briand-Kellogg part...
...7, 1945, celebration of the Russian revolution, praising "Soviet democracy" and making it clear that the Bolshevik concept of "democracy" does not include an iota of "bourgeois" liberalism...
...and the last expression of the sovereign will controls...
...Lenin developed the teaching- ef Marx and Kngela en the state, aerially on the important quest ism ef "smashing the bourgeois state apparatus" snd ef utilising the state for the purposes and interests of Ihe proletariat...
...If we are to have an effective united nations organization, the claim lo absolute aovereignty must be given up by all members of the organization...
...exposed sweet-sounding Menshevik nonsense about the calm and smooth development of bourgeois society into socialism—nonsense to the effect thst it is not in Ihe Ares of battle, not in overcoming social contradictions by means ef 'revolutionary struggle,' but in reconciling and smoothing eat rlasa rontradirtiens that the socialist transformation of the state Is te be effected...
...We had a Civil War in order to give the lie to Calhoun's doctrine of nullification—a doctrine which made an effrc-„ive union of states practically impossible...
...no world police force...
...Under the Constitution, international agreements are not superior to acts of Congress...
...Now these laws were clearly in violation of treaties then in force between our Government and the Government of China...
...The Soviet leaders have refrained from reasserting Leninist principles (as interpreted by Stalin) for some years...
...One of the provisions of this law serves as a Japanese exclusion law...
...Even then all possible reasonable means for modifying Or changing these obligations b> mutual agreement should be exhausted before resorting to Ihe supreme right of refusal to comply with them...
...Arthur put his objection on the grounds of good faith and public morals rather than on constitutional grounds...
...they are equal to such acts...
...Justice Field said for the Court, "to any other measure which, in its judgment, its interests or dignity may demand...
...presiding, adopted a declaration which calls for the'scrap-pi ni( of the United Nations Organization and the creation of a World Federal Government...
...While international, law is part of the land, and the eourt is bound by the law of nations, once: Congress passes a law, the court must follow it, regardless of international law...
...The Constitution places treaties and acts of Congress on the same footing...
...which thus repudiates (in 1945) the idea of peaceful reform and urges the "smashing of the bourgeois state apparatus" and the establishment everywhere of a proletarian dictatorship...
...The most Important paragraphs deal with the central question—violent revolution versus peaceful reform...
...Browderism was then in the adseendancy...
...When the exclusion act of 1882 was presented to President Arthur, he objected to the act, saying: "A nation is justified in repudiating its treaty obligations only when they are in conflict ¦With great paramount interests...
...the Chinese representative lo the .United States was advised of the decision of the Supreme Court upholding the exclusion acts, though they were in clear violation of the treaties, he said: "I was not prepared to learn tnat there .Was a. way recognized in the law and practice of this country whereby your country could release itself from treaty obligations without consultation or the Consent of the other party...
...I\ 1924 the Congress of the United States passed the immigration quota Jaw...
...A significant statement was made by A. !Y...
...I refer to the fact that, in so far as American domestic law is concerned, Ihe United State* Government lacks the constitutional competence to enter into an international agreement which it may not later unilaterally revoke...
...Each protested strongly against this flagrant violatiop of a solemn pact...
...the Japanese Parliament adopted a denunciatory resolution...
...11 is interesting to note that Ishla-tionists are using this doctrine of unilateral nullification as formulated .by the Court as the basis of an argument *»~ainst American participation in a world organization...
...It is this sovereignty stereotype that is the root of the evil...
...When...
...The bill wa« passed despite Coolidge's protest...
...Constitution and World Government National Sovereignty Is as Anachronistic as States' Rights By Milton R. Konvitz OU October 16 a group of promt, unit American*, meeting at Dublin, New Hampshire, with Justice Owen J. Robertsf...
...The Supreme Court decided thai Congress has the power to revoke an international agreement by a unilateral act...
...This doctrine of nullification was formulated by the United States Supreme COurt in the Head Money Cases in 1884, but it is the Chinese Exclusion Cases of 1889 that furnish the leading precedent for this doctrine...
...The theory of the count is that (he breaking of a treaty may subject Ihe heads Of Ihe government to personal punishment...
...no world government...
...It therefore follows, said the Supreme Court, that, in case of a conflict, the expression of the Government which is Ister in date will prevail...
...But all thai was a maneuver which deceived only the innocents...
...The doctrine of the Chinese Exclusion Cases still obtains...
...The other party to the agreement, if it does not like the modification or nullification, can only protest to the President "or resort," as Mr...
...On the basis of the Court's opinion, this isolationist draws the conclusion that there must be "no surrender of sovereignty...
...Should the United Stales and Britain surrender the atombomb secret to a totalitarian power...
...The call for a constitutional amendment focuses attention on an anomolous aiination, not generally known and only rarely mentioned or discussed...
...During the war there was some evidence—false but convincing to wishful thinkers—that the Communists had repudiated revolution in favor of reform...
...When the act was pending...
...Not since 19:18 have we had a forthright revolutionary manifesto from Stalin...
...Yel by our ronslilutional law Congress may wllh impunity break a treaty or pact...
...President Coolidge urged that the immigration bill postpone application of the Japanese exclusion provision until March 1, 1926, subject to the condition that a treaty with Japan he negotiated which would take the place of the Gentlemen's Agreement...
...ThK world has been assured by fellow-travelers and pseudo-liberals that Stalin is no longer a Bolshevik, that he has abandoned Ihe hope of world revolution, that the Soviet Government has moved away from dictatorship toward democracy...
...A treaty, then, or an international compact of whatever character or howsoever denominated, may be repealed or modified at the pleasure of Congress...
Vol. 28 • December 1945 • No. 49