Barrister News, Volume 1, Number 1, Spring Semester, 1952 Page: 1
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FROM ST MARY'S UNIVERSITY SCHOOL OF LAW
FROM ST. MARY'S UNIVERSITY SCHOOL OF LAWSPRING SEMESTER, 1952
NUMBER 1
WHAT PRICE UNITED NATIONS?
ERHAPS the greatest sin-
gle contribution of our
merican system of government
,world civilization is the high
agree of personal liberty
aranteed to individuals under
e United States Constitution.
wyers have played an indis-
,ensable role in the creation and
interpretation of this living docu-
ent through which a free people
ve sought " . .to form a more
gct Union, establish Justice,
and secure the Blessings of
:rty to ourselves and our Pos-
.ity, . . . ".Preamble, United
rates Constitution. Lawyers,
therefore, in the best traditions of
the profession, have the solemn
duty of protecting the social ad-
vances which have been made in
accord with the salutary purposes
of our Union.
In the wake of American partici-
pation in the United Nations, the
international organization which
has as its primary purpose the ab-
olition of war as an instrument of
national policy. Charter of the
United Nations; Preamble: Article
1, Section 1, have come efforts,
with the fullest cooperation by the
government of the United States,
to proselyte other nations and
peoples to the American concept
of the fundamental dignity and
rights of the individual. Foremost
among these efforts is the Geno-
cide Convention. Publications of
Bar Associations and Law Schools
have included a plethora of arti-
cles, pro and con, upon the Inter-
national Covenant of Human
Rights, but limitations of space
preclude all but a general refer-
ence to these materials.
Briefly stated, the controversy
centers about the wisdom of entry
into the compact with othernations
because of the sweep and force of
the "treaty power" under the Con-
stitution. Unlike most nations, the
provisions of a Treaty of the
United States are self-executing
because of the provisions of Arti-Cecil E. Burney
cle VI (U.S. Constitution
declares that "This Cons
. . . ; and all Treaties ma
under the Authority of the
States, shall be the supre
of the Land;".The "treaty
is an inherent power of the
government. Weaver, Cons
al Law. p. 178; U.S. vs.
Wright Export Corp., 299 U
Aside from the prohibition
the conclusion of treaties
part of the states, U.S. C
tion Art. I, No. 10, the s
cific additional Consti
provision touching the sul
that setting forth the mar
exercise of this power, U.
stitition Art. II, No. 2. To
course, must be added th
pretations given by the
Court, Marbury vs. Mad
Cranch 137.
There has never been an
but that treaties of the
States ranked higher on th
of supremacy than did Sta
or Constitutions. U.S. Cons
Art. VI, No. 2; Hauenst
(Please turn t"During the past few years the
conscience of this country has
wrestled with the most terrible
problem of 'balancing individual
freedom ana national security,
When existing institutions and
cherished traditions come under
attack, the public can only judge
their worth if they are defended
by people familiar with their
strengths . . . By and large, the
attitudes of the Bar have indi-
cated silent acquiesence in, and
even occasional affirmative sup-
port for, innovations affecting
personal freedom that would have
raised -some of our predecessors
from the dead."
So declared the Honorable Cecil
E. Burney, President of the State
Bar Association of Texas speak-
ing before the Annual Barristers
Club Banquet honoring the Jus-
) which tices of the Supreme Court of
titution, Texas and the Fourth Court of
de . . Civil Appeals of San Antonio held
United in the Menger Hotel on Thursday
me Law May 1st.
power" Mr. Burney further warned that
Federal the lawyer as minister of Justice
titution- is the only profession capable of
Curtis- heading off the trend towards a
.S. 304. welfare state. That not only has
against the profession a right to defend
on the the Constitution but that it is the
onstitu- duty of the lawyer by his oath of
ole spe- office to defend the Constitution
tutional and explain to the layman the
object is effects of any minute changes in
inner of our laws and procedure affecting
S. Con- his personal freedom and property
this, of rights.
e inter- Honor guests at the banquet in-
Supreme cluded associate Justices W. St.
ison, 1 John Garwood, G. B. Smedley,
Will Willson, Meade F. Griffin of
ny doubt the Supreme Court of Texas; Chief
United Justice W. O. Murray, Judge Jack
he scale Pope and Judge James Norvell of
te laws the Fourth Court of Civil Appeals
titution and Dean Ernest A. Raba and Rev.
ein vs. Louis Blume, President of St.
o page 2) Mary's University.VOLUME 1
BURNEY CALLS FOR ACTION
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Barrister's Club from St. Mary's University School of Law. Barrister News, Volume 1, Number 1, Spring Semester, 1952, periodical, 1952; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth426962/m1/1/: accessed June 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting St. Mary’s University School of Law.