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S. HRG. 98-452

THE PANAMA CANAL TREATY—CONSTITUTIONAL

AND LEGAL ASPECTS OF THE RATIFICATION PROCESS

HEARING

BEFORE THE

SUBCOMMITTEE ON SEPARATION OF POWERS

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

NINETY-EIGHTH CONGRESS

FIRST SESSION

ON

THE PANAMA CANAL TREATY-CONSTITUTIONAL AND LEGAL ASPECTS

OF THE RATIFICATION PROCESS

JUNE 23, 1983

Serial No. J-98-47

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

25-309 O

WASHINGTON : 1984

COMMITTEE ON THE JUDICIARY

STROM THURMOND, South Carolina, Chairman
CHARLES McC. MATHIAS, JR., Maryland JOSEPH R. BIDEN, JR., Delaware
PAUL LAXALT, Nevada

EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah

ROBERT C. BYRD, West Virginia ROBERT DOLE, Kansas

HOWARD M. METZENBAUM, Ohio ALAN K. SIMPSON, Wyoming

DENNIS DECONCINI, Arizona JOHN P. EAST, North Carolina

PATRICK J. LEAHY, Vermont CHARLES E. GRASSLEY, Iowa

MAX BAUCUS, Montana JEREMIAH DENTON, Alabama

HOWELL HEFLIN, Alabama ARLEN SPECTER, Pennsylvania

VINTON DEVANE LIDE, Chief Counsel and Staff Director

DEBORAH K. OWEN, General Counsel

SHIRLEY J. FANNING, Chief Clerk
MARK H. GITENSTEIN, Minority Chief Counsel

SUBCOMMITTEE ON SEPARATION OF POWERS

JOHN P. EAST, North Carolina, Chairman JEREMIAH DENTON, Alabama

MAX BAUCUS, Montana ALAN K. SIMPSON, Wyoming

HOWARD M. METZENBAUM, Ohio SAMUEL T. FRANCIS, Counsel

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CONTENTS

OPENING STATEMENTS

Page

1

2

Page 375 376 384

East, Senator John P.:
Statements of:

Representative William Carney...
Gilbert Russell Evans

Letter, from David H. Popper, June 5, 1982, to Phillip Harman
Article, “New Hearings To Be Held-Panama Canal Treaties Remain

Fatally Flawed,” by G. Russell Evans, from Human Events, June 4,

1983 Harman, Phillip:

Testimony
Prepared statement
Study, "Why Panama's failure to hold a second plebiscite invalidates the

1977 Panama Canal Treaties under Panamanian domestic law”.
Letters, correspondence with various officials regarding the Panama

Canal Treaty..

385

143 150

178

200

THE PANAMA CANAL TREATY-CONSTITUTIONAL AND LEGAL ASPECTS OF THE RATIFICATION PROCESS

THURSDAY, JUNE 23, 1983

U.S. SENATE,
SUBCOMMITTEE ON SEPARATION OF POWERS,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to notice, at 10:32 a.m.,

in room SD-562, Dirksen Senate Office Building, Hon. John P. East (chairman of the subcommittee) presiding.

Also present: Senators Laxalt and Helms. Staff present: Dr. Samuel T. Francis, professional staff member; Thomas A. Bovard, counsel; Carolyn Blomdahl, chief clerk; John F. Nash, chief counsel, Subcommittee on Criminal Law; and Elizabeth Greenwood, counsel, Subcommittee on Immigration.

OPENING STATEMENT OF SENATOR JOHN P. EAST Senator East. I would like to convene this hearing of the Subcommittee on Separation of Powers of the Committee on the Judiciary and welcome our witnesses and our guests this morning.

We shall try to move along in an expeditious fashion so that all participants have a fair opportunity to present their points of view. I would like to encourage witnesses to summarize as much as they can in an extemporaneous way their arguments. As everyone can understand, all printed statements will be made a part of the permanent record. We will leave the record open for any additional written commentary or questions that may be submitted.

So, again, for the sake of moving things along and allowing us to vote, if we are going to have to do that today, and I fear we might, I would again please urge all witnesses to be as concise as they can and, of course, consistent with making their point. I am not asking that they not do that, but keep in mind we are under time constraints.

This morning, we have the pleasure of having with us Dr. Charles H. Breecher, Mr. Robert E. Dalton, Mr. Phillip Harman and Dr. Herbert W. Dodge, who will be our witnesses.

I would like, without further comment which I would like to make later on this general subject, to turn first to Dr. Breecher because I know he has a schedule that he needs to meet. And I have the great pleasure this morning of noting that to introduce him and to be a part of our opening ceremony here, if you will, I have my very distinguished colleague from the State of Nevada, Senator

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