Paradox of Self-Amendment by Peter Suber into what Hart would call "open texture" —the uncertain fringe of determinate rules, where alternatives are left open by the generality of language or the paucity and ambiguity of preexisting authority. See H.L.A. Hart, The Concept of Law, Oxford University Press, 1961, at pp. 124ff. 5. On amendment by reinterpretation, see Section 13. See also Note, "Judicial Review and the Growth of the Treaty Power," Syracuse Law Review, 3 (1952) 315-33. 6. Chafee does not believe this is a case of a treaty violating or amending the constitution, but he says it is the closest case he has seen. Chafee, op. cit., at p. 354. 7. See Scatterfield, op. cit., at pp. 283-287. 8. See the testimony of Frank E. Holman, one-time President of the American Bar Association, before a Senate subcommittee of the Judiciary Committee, considering the Bricker Amendment, February 18, 1953, quoted in Scatterfield, op. cit., at p. 287. Holman testified that a treaty could "change our form of government from a republic to a socialistic and completely centralized state;...put us in to a World Government...[and] increase the power of the Federal Government at the expense of the States." For some of Holman's voluminous writings in defense of the Bricker amendment, see note 18, below. 9. These hopes and fears were temporarily confirmed when the California Court of Appeals held that the U.N. Charter was self-executing (not in need of implementing legislation to apply domestically) and required the nullification of the California Alien Land Law. Fujii v. California, 217 P.2d 481, 218 P.2d 595 (Cal.App. 1950). Fujii was later overruled by the California Supreme Court, 38 Cal. 718, 242 P.2d 617 (1952), but the California Alien Land Law was held void under the Fourteenth Amendment. See Note, "United Nations Charter —Its Application As A Treaty to State Law," Boston University Law Review, 30 (1950) 555-61. Also see Arthur Hobson Dean, Amending the Treaty Power, Chicago: American Bar Association, 1954 (pamphlet), at Appendix 1, p. ii, where he tells his southern audience, without the certainty he would like, that no treaty could abolish segregation in the United States. The dismal uncertainty of this for Dean, however, is offset by the unlikelihood that the United States would ever sign the Genocide Convention, circulated since the end of World War II, a treaty that would constitute a "threat to our liberties". 10. Moses Moskowitz, "Is the U.N.'s Bill of Human Rights Dangerous?" American Bar Association Journal, 38 (1949) 283, at 285; quoted in Scatterfield, op. cit. at p. 282. 11. Scatterfield, op. cit., at p. 287. 12. Emphases added. 13. The original, unconstitutional statute was 37 Stat. 847 (1913). The implementing legislation was the Migratory Bird Treaty Act of July 3, 1918, 16 U.S.C. §§703-711. 14. S.J.R. 1, 83rd Congress, 1st Session; 99 Cong. Rec. 6777 (1953). 15. Scatterfield, op. cit., at p. 288; Chafee, op. cit., at p. 350. Section 2 of the A.B.A. proposal is omitted in the text; it merely subjected executive agreements to regulation by Congress and to the same limitations that Section 1 provided for treaties. 16. See Dean, op. cit., at p. 9. 17. Scatterfield, op. cit., at p. 288; Chafee, op. cit., at p. 350. 18. See Chafee, op. cit. passim, but esp. pp. 354ff. Some of the other leading essays in opposition to the Bricker amendment include (in roughly chronological order) Zechariah Chafee, "Stop Being Terrified of Treaties; Stop Being Scared of the Constitution," American Bar Association Journal, 38 (1952) 731-34; Note, "Danger in the Treaty-Making Power —A Mirage," Temple University Law Quarterly, 25 (1952) 463-71; S.W. Jackson, "Treaty Powers Amendment Unnecessary," Journal of the Bar Association of Kansas, 22 (1953) 74-77, another article of same title, by M.G. Boss, ibid. 108-11; M.H. Merrill, "Treaty-Law —What is Bad About It?" Oklahoma Bar Association Journal, 24 (1953) 454-85; T. Pearson and D.C. Backus, "Save the Peace Power: Don't Strait-Jacket Treaties," American Bar Association Journal, 39 (1953) 804-08; B. MacChesney, "The Fallacies in the Case for the Bricker Amendment," Notre Dame Lawyer, 29 (1954) 529-82; Note, "Treaty-Making Power Is Not A Peril," Clev-Mar Law Review, 3 (1954) 74-84; Note, "Continued Defense of the Constitution Against the Bricker Proposals," Record of the Ass. of the Bar of New York City, 10 (1955) 114-42; and J.B. White and J.E. Fowler, "Bricker Amendment —Fallacies and Dangers," American Journal of International Law, 48 (1954) 23- 56. Some of the leading essays in support of the Bricker amendment include (in roughly chronological order) F.E. Holman, "Treaty Law-Making," American Bar Association Journal, 36 (1950) 707-10, 787; E.P. Deutsch, "The Peril in the Treaty-Making Clause," American Bar Association Journal, 37 (1951) 659; J.W. Bricker, "Amending the Treaty-Making Power: Pro and Con. Safeguarding the Treaty Power," Federal Bar Journal, 13 (1952) 77- 98; F.E. Holman, "Treaty Law —A Threat to American Rights," Journal of the Bar Ass. of Kansas, 20 (1952) 253-63; E.P. Deutsch, "Legislation By Treaty," Michigan State Bar Journal, 31 (1952) 19-25; G.A. Finch, "Treaty-Clause Amendment: The Case for the Association," American Bar Association Journal, 38 (1952) 467-70, 527-30; E.P. Deutsch, "Need for a Treaty Amendment, Restatement and Reply," American Bar Association 122