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PANAMA CANAL TREATY (DISPOSITION OF UNITED STATES TERRITORY)

HEARINGS

BEFORE THE

SUBCOMMITTEE ON SEPARATION OF POWERS

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

NINETY-FIFTH CONGRESS

SECOND SESSION

ᏢᎪᎡᎢ 4

MARCH 11, 1978

Printed for the use of the Committee on the Judiciary

24-681 O

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1978

For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

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QUENTIN CROMMELIN, Jr., Chief Counsel and Staff Director
Dr. JAMES MCCLELLAN, Minority Counsel
PAUL GULLER, Editorial Director
MELINDA CAMPBELL, Chief Clerk
ANN SAUER, Assistant Clerk

DEIRDRE HOUCHINS, Research Assistant

PANAMA CANAL TREATY

(DISPOSITION OF UNITED STATES TERRITORY)

ᏢᎪᎡᎢ 4

SATURDAY, MARCH 11, 1978

U.S. SENATE,

SUBCOMMITTEE ON SEPARATION OF POWERS,

COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10:15 a.m., in room 1318, Dirksen Senate Office Building, Hon. James B. Allen of Alabama (chairman of the subcommittee), presiding.

Present: Senator Orrin G. Hatch of Utah.

Also present: Senator Jesse Helms of North Carolina.

Staff present: Quentin Crommelin, Jr., chief counsel and staff director; Paul Guller, editorial director; and Deirdre Houchins, research assistant.

OPENING STATEMENT OF CHAIRMAN ALLEN

Senator ALLEN. The Subcommittee on Separation of Powers of the Committee on the Judiciary is convened today for the purpose of receiving the testimony of Doris McClellan, clerk of the U.S. court for the Panama Canal Zone, and of James C. Luitweiler, formerly Secretary of the Joint United States-Republic of Panama Land Commission. The committee is convened for the further purpose of acting on the staff draft of the report of the subcommittee on the Canal Zone property disposal issue, the main focus of the committee's work during the past 8 months.

As has been constantly emphasized for some time now during the Canal Treaty debate, the Constitution does very plainly require that Congress authorize any disposal of property belonging to the United States. Specifically, article IV, section 3, clause 2, of the Constitution states as follows: "Congress shall have the power to dispose of *** the territory or other property belonging to the United States."

The requirements of this constitutional provision do not have anything whatsoever to do with whether or not the United States is sovereign within the Canal Zone or even whether the Canal Zone is unincorporated territory of the United States as the Federal courts have consistently held. The issue is simply whether the United States owns property in Panama. If property is owned by the United States, then no disposal of such property to Panama can occur without the express prior authorization of the Congress, including the House of Representatives.

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