APPENDIX B. CONSTITUTIONAL UNDERSTANDINGS.1 Professor J. B. Moore has pointed out that "so-called constitutional understandings are logically much more of the essence of things under the British system. than under the American system," noting the analogy of the former constitution to the common-law system of private rights established by gradually developing judicial precedents and of the latter constitution to the civil-law system established by formal code." "Just as the British Constitution," said Gladstone, "is the most subtle organism which has proceeded from progressive history, so the American Constitution is the most wonderful work ever struck off at a given time by the brain and purpose of man." 8 The same contrast has been noted by Bryce in his contrast of "rigid" and "flexible" constitutions. Without questioning the value of this contrast many writers have, however, dwelt upon the "flexibility" of the "rigid" American Constitution due to "constitutional understandings." " 1 See section 266. 5 2 Proc. Am. Phil. Soc., Minutes, 60: XIV. 3 Fisk, Critical Period of American History, p. 264. 4 Bryce, Studies in History and Jurisprudence, 1: 139 et seq. Wilson, Congressional Government, 1885, pp. 7-9, Constitutional Government, in the United States, 1908, p. 57; Bryce, American Commonwealth, ed. 1891, 1: 390; Beard, American Government, ed. 1910, p. 60; Munro, Government of the United States, 1919, p. 57; Wright, The Understandings of International Law, Am. Journ. Int. Law, 14: 578-580. law by, 186-187. international Ignored by President, 341. Limitation of state powers by, Provisos in deference to inter- Publication of, 31. Source of Federal criminal Subject to international cogni- Supersedes earlier treaty, 162, Superseded by later treaty, 164. IIO. Vetoed by President because violative of treaty, 164-165. Alien exclusion and expulsion, 83, 188, 303, 304. Appreciation of foreign compli- Appropriation for international Arming of merchant vessels, Arms trade, 184. Authorizing arbitration, 281, 283. Authorizing intervention, 271, Authorizing participation in in- President and Courts to meet international Authorizing treaty negotiation, Authorizing use of force, 167, 186, 192, 296, 297. Chinese exclusion, 83, 261, 345. Copyrights, 105. Declaration of war, 286, 289. Diplomatic immunities, 163, 167. Enforcement of consular awards, Enforcement of treaties, 74. 301-302. Expatriation, 277-281. Forbidding Presidential partici- Jurisdiction in Bering Sea, 164, 165, 174, 345. Jurisdiction of Federal courts, Migratory birds, 87. Navigation and shipping, 84, 163, Neutrality, 74, 181, 295. Offenses against diplomatic offi- Offenses against foreign cur- Offenses against international Offenses against international Offenses against resident aliens, Offenses against treaties, 184- Offenses at sea, 165. Offenses in foreign countries, Treatment of enemy property, 301. War power, 74. White slavery, 87. Acts of government organs, respon- Acts of parliament, when void, 210. On President's power to termi- On American accession to Decla- Adams, Henry, On relations of Con- Dismissal of Secretary of State, On power to arm merchant ves- Adams, John Quincy: On duty to ratify treaties, 43, On recognition, 270, 272. On relations of President and Admiralty jurisdiction of federal Congressional power to protect, Exclusion of, constitutional, 83, 130, 303. Expulsion of constitutional, 83, Indemnity for injury of, 225. International law applied in cases regarding status of, 172. Source of power to exclude and State legislation discriminating State power to protect, 154, 179. Amends in reparation, 229. Commencement of, 288. Anarchy, offense against interna- Annexation. (See Act of Congress, Territory, Treaties.) Appam, case of, 24, 342. Appointment of officers, power to Appropriations, power to make, 225. Authority to submit cases to, 62, Awards binding, 61, 224. Duty to submit cases to, 222. Not applicable to third parties, Senate rejection of, 252. Provisions of League of Nations Treaties on, suggested by Con- Armies, power to raise, 85. Arms trade, 184, 191. Arthur, Chester A., President, Veto Control of Foreign Relations Legislation enforcing interna- Asylum, not permitted, 168. Austin, John, on Nature of Interna- Austria: Protest on President's comment Bacon, Senator, of Georgia : On legislative nature of treaty- Baldwin, Simeon E., On power of Barnett, James F., on power of states to make agreements, 232. On international responsibilities, On power to interpret political On powers of Congress and On Senate amendments to treaty, On termination of war, 291. Distinguished from insurgency, Recognition of, a political ques- Benton, Thomas Hart, Senator from On Diplomatic Officers. Bering Sea fisheries case, 110, 164, Bering Sea fisheries treaty, suggested Bernstorff, Count, German Ambas- Beust, Count, Austrian Chancellor, ana: On executive nature of foreign On nature of treaty-making power, 139. Bibb, Senator, of Georgia, on ap- Bills of rights, reason for, 172. |