LETTER TO MR. CHAIRMAN FROM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000400130006-8
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: August 9, 2001
• Sequence Number: 6
• Publication Date: March 19, 1971
• Content Type: LETTER

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19 March 1971
Dear Mr. Chairman:
The Secretary has asked me to reply to your letter of
February 11, 1971 requesting our comments on a bill, S. 596,
which would require the transmission to the Congress of
international agreements other than treaties to which the United
States becomes a party.
The Executive Branch agrees with the general purpose
of this bill, which we understand is to insure that the Congress
is appropriately informed of the conclusion by the United States
of new international agreements if it is to carry out properly
its constitutional responsibilities. However, in order to accomplish
that purpose, we do not believe that legislation is either necessary
or desirable.
Basically, legislation of this nature poses a significant
constitutional problem as between the Executive Branch and the
Congress.
The history of this problem goes back to the beginning of
our Government and is well reviewed in Committee Prints of the
Subcommittee on Constitutional Rights of the Committee on the
Judiciary, United States Senate, in 1958 and 1959, entitled, "The
State Dept. declassification & release instructions on file
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 Approved For Release 2001/08/30 : CIA-RDP73B00296R000400130006-8
Power of the President to Withhold Information From the Congress. "
These documents present the considered views of the Attorney.
General and give the history and the legal implications in great
detail. The Attorney General's conclusion is summed up as follows
on pages 3 and 4:
. . .A.nd any law passed by Congress, designed
to compel the production of papers by heads of
departments would necessarily have to comply with
the constitutional requirement that the President
is as supreme in the duties assigned to him by the
Constitution, as Congress is supreme in the legisla-
tive functions assigned to it. In other words, Congress
cannot, under the Constitution, compel heads of depart-
ments by law to give up papers and information,
regardless of the public interest involved; and the
President is the judge of that interest. . . . it
There is no question about the need for a full flow of informa-
tion between the Executive and Legislative Branches of our Government
which is not limited to international agreements. The Executive Branch
is prepared to provide to the Legislative Branch the information which
it requires for the performance of its constitutional function. How-
ever, we believe that the requirements of the two branches can be
met by mutual confidence and cooperation and not by legislation which
raises a serious constitutional issue.
For the reasons stated herein, the Department is opposed to
enactment of S. 596.
The Office of Management and Budget advises that, from the
standpoint of the Administration's program, there Is no objection to
the presentation of this report for the consideration of the Committee.
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