U.S.

Constitution Charter of the United Nations

FOR THE RECORD

I appear in favor of the amendments.
Congress is no longer bound by its constitutional system of
delegated powers. Its only test is under the obligatory power to
promote human rights in these fields of endeavor: Civil, political,
economic, social and cultural. These are found in Articles 55 and 56
of the Charter of the United Nations, a ratified and approved treaty.
They are being promoted in all parts of the world by the United
Nations.
Congress may now legislate as an uninhibited body with no shackles
of delegated powers under the Constitution. Our entire system of a
government of delegated powers of Congress has been changed to a
system of undelegated powers without amendment by the people of the
United States.
The authority for these statements is found in a volume entitled
Constitution of the United States of America, Annotated, issued in
1953, prepared under the direction of the Judiciary Committee of the
Senate of the United States and under the chairmanship of Prof. Edward
S. Corwin of Princeton, aided by the legal staff of the Library of
Congress. This is the conclusion on page 427 of the Annotations: "In a
word, the treaty power cannot purport to amend the Constitution by
adding to the list of Congress enumerated powers, but having acted,
the consequence will often be that it has provided Congress with an
opportunity to enact measures which, independently of a treaty,
Congress could not pass, and the only question that can be raised as
to such measures will be whether they are necessary
and proper' measures for the carrying of the treaty in question into
operation."
It will be noted that one of the principal cases cited is that of
the Migratory Bird case.
These conclusions are those also of a committee of the New York
State Bar Association, of which former Attorney General Mitchell and
Mr. John W. Davis were prominent members.
Now, for some practical illustration of new-found powers under
treaties of what Congress may do:
1. It may enact a comprehensive education bill, providing for
education in any State which does not provide it. In fact, it may take
over all public education now provided by States and municipalities.
2. It may enact a prohibition act without an amendment of the
Constitution.
3. It may enact a uniform divorce act.
4. It may take over all social and welfare services rendered by or
through the States or their agencies.
5. It may take over all commerce, all utility rates and service,
all labor. The list may be multiplied extensively at your will.
The new test of constitutionality will apply to all legislation by
Congress since 1945, which deals with any of the five fields of
endeavor. Any judge deciding on the validity of legislation must have
two books before him -- one, the Constitution of the United States,
and the other, the Charter of the United Nations. If he does find
authority for the act in the Constitution, he will find it in the
Charter. That is the exact situation in which Justice Holmes found
himself and the other members of the Supreme Court when they decided
the Migratory Bird case. The authority was not found in the
Constitution ---it was found in the treaty with Great Britain.
The question to be answered is this: Under which form of government
do the people of the United States prefer to live? Manifestly, we
cannot operate under both.
Senators, the people of the United States have given up their sons;
they have given up billions of their substance. They should not be the
only Nation in the world to give up their form of government -- the
wonder of the world -- to discharge their obligations to the people of
the world.

Source Congressional Record Page A3220, Statement of Carl B. Rix of
Milwaukee Former President of the American Bar Association. Entered
into the House Record by the Honorable Lawrence H. Smith of Wisconsin
on May 11, 1955.