The Control of American Foreign Relations

Передняя обложка
Macmillan, 1922 - Всего страниц: 412

Результаты поиска по книге

Содержание

NATIONAL ORGANS UNDER INTERNATIONAL
38
169
39
Signature under Authority of the President
44
Exchange of Ratifications under Authority of the President
52
With Reference to the Meeting of International Responsibilities
58
38
63
LIMITATIONS UPON STATE Powers
71
Erie County 16
73
PRIVATE
76
Mankichi 190 U
80
Effect upon Power to Make Decisions on National Policy
82
Effect upon Power to Make International Agreements
88
Bradon 16 How 635
90
THE SEP
95
B Effect on the Power to Make International Agreements
101
Wolf 14 Iowa 228
104
Treaty Delegation of Power to National Organs
110
Limitations Derived from Powers of the President
119
Important Limitations from Separation of Powers
125
PART IV
127
THE POSITION OF THE FOREIGN RELATIONS POWER IN THE CONSTITUTIONAL SYSTEM A Source of National Powers 70 Distribution of ...
129
Theory of Sovereign Powers
130
Theory of National Sovereignty in Foreign Relations
131
Theory of Resultant Powers
132
B Essential Nature of the Foreign Relations Power 1
134
Foreign Relations Power not Essentially Judicial
135
Practice
136
Early Opinion
137
U S 195 U S 138 80 84
138
Practice
139
Theory of a Fourth Department Different from Either Executive or Legislative
140
Opinion of Theoretical Writers
141
British and Colonial Precedents
143
Ah Fong In re 3 Sawyer
144
Opinion of the Constitutional Fathers
145
Functional Classification
148
The Foreign Relations Department
149
The Law of International Responsibility
151
State Power to Meet International Responsibilities
153
National Power to Meet International Responsibilities
154
Theory of Inherent Executive Power to Meet International Re sponsibilities
155
Presidents Duty to Execute the Laws
157
Power of the Courts to Meet International Responsibilities
158
Power of Congress to Meet International Responsibilities
159
Power to Meet International Responsibilities by Treaty
160
THE POWER TO MEET INTERNATIONAL RESPONSIBILI TIES THROUGH THE OBSERVANCE OF INTERNATIONAL Law 97 Conditions Fa...
161
Observance of International Law by the Constitution
162
Checks upon Congressional Disregard of International Law
164
Observance of International Law by the Treatymaking Power
166
Observance of International Law by Military and Civil Services
167
46
169
Observance of International Law by the Courts
170
Courts Apply International Law and Treaties as Part of the Law of the Land
171
This Principle not Applicable to Political Questions
172
This Principle not Applicable to Cases Covered by Written Law
174
THE POWER TO MEET INTERNATIONAL RESPONSIBILI TIES THROUGH THE ENFORCEMENT OF INTERNATIONAL Law 109 Due Dilige...
176
Enforcement by the States
177
96 131
178
Enforcement under the National Constitution
179
Offenses Against Persons Protected by International Law
180
Offenses Against Neutrality
181
Offenses Against Foreign Governments
182
Offenses Relating to International Boundaries
183
Offenses Against Treaties
184
General Empowering Statutes
186
Sufficiency of Existing Legislation for Punishing Offenses Against Foreign Governments
187
Sufficiency of Existing Legislation in Aid of Foreign Criminal Justice
189
B Enforcement by Action of the Treaty Power 123 Treaties as a Basis for Executive and Judicial Action
190
Treaties as a Basis for Congressional Action
191
Enforcement by the President 125 Enforcement by the President
192
Presidents Use of Military Forces
193
Presidents Direction of Administrative Action
194
Enforcement by the Courts 128 Early Assumptions of Common Law Criminal Jurisdiction by Fed eral Courts
196
Federal Courts have no Common Law Jurisdiction
197
Federal Courts have no Criminal Jurisdiction from Treaties Alone
198
Statutory Criminal Jurisdiction of Federal Courts
199
Admiralty Jurisdiction of Federal Courts
200
Civil Jurisdiction of Federal Courts in Cases Affecting Aliens
201
Conclusion
203
THE POWER TO MEET INTERNATIONAL RESPONSI BILITIES THROUGH PERFORMANCE OF NATIONAL OBLIGATIONS 135 Nature of T...
205
A The Nature of National Obligations 137 Obligations Founded on International Agreement
206
Obligations Founded on General International Law
208
The Determination of Obligations
209
Justiciable and Nonjusticiable Questions
211
The Obligation of Treaties and International Law
212
Practice in Submitting Disputes to Arbitration
214
Congress
215
The Senate
216
The President
217
By International Political Organs
218
By National Courts
220
By International Courts
222
Moore 5 Wheat
223
Power to Perform National Obligations 149 Appropriations
225
Cession of Territory
226
Guarantees and Use of Military Force
227
Participation in International Organization
228
Formal Amends in Reparation
229
The Power to Make Military Agreements
240
Armistices and Preliminaries of Peace
241
Validity of Military Agreements
242
Power to Make Diplomatic Agreements
243
Diplomatic Agreements Settling Controversies
244
Validity of Diplomatic Agreements
245
B The Power to Make Treaties 173 The Subject Matter of Treaties
246
The Initiation of Treaties
248
The Appointment of Negotiators
249
Consent to the Ratification of Treaties
252
The Ratification of Treaties
254
The Proclamation of Treaties
255
The Power to Terminate Treaties 181 Change in Conditions
256
Conclusion of New Treaty
257
Denunciation by Congress
258
Denunciation by the Treatymaking Power
259
Legislative Abrogation
260
Conclusion
261
RECOGNITION ANNEXATION CITIZEN SHIP AND THe DeterminATION OF POLICY 189 Distinction Between Domestic and Foreign Affairs
263
State Power to Make Political Decisions in Foreign Affairs
264
National Power to Make Political Decisions in Foreign Affairs
265
A The Power to Recognize Foreign States Governments and Belligerency 192 The Power of Recognition
268
Limits of Recognition Power
269
Exclusiveness of Presidents Recognition Power
270
Claim of Congress to Recognition Power
271
B The Power to Determine National Territory and Citizenship 196 Judicial Recognition of Territorial Limits
273
Recognition of Territorial Limits by the President
274
Power of Congress to Annex Territory
275
Power of Congress to Naturalize Aliens and Establish Criteria of Citizenship
276
Power of Executive to Recognize Citizenship
277
Power to Determine Foreign Policy 202 Congressional Resolutions on Incidents in Foreign Affairs
278
President not Bound by Congressional Resolutions on Foreign Affairs
279
Congressional Declarations of General Policy
281
Power of the President to Determine Foreign Policy
282
WAR AND THE USE OF FORCE A The Power to Make War 206 The Power to Make War
284
The Recognition of War by Congress
286
The Power to Recognize War
289
The Power to Declare War
290
The Power to Recognize the Termination of War
291
B The Power to Use Force in Foreign Affairs 214 Diplomatic Pressure
293
Display of Force
294
Occupation and Administration of Territory
296
Capture and Destruction of Foreign Military Forces
297
Seizure and Destruction of Private Property
298
Commercial Pressure and Retaliation
301
Exclusion Expulsion and Internment of Aliens
303
Power to Employ Various Methods of Coercion
304
Purposes for Which the President May Employ Force under the Constitution
305
Purposes for Which the President May Employ Force under Statute
308
Conclusion
309
THE POWER TO ESTABLISH INSTRUMENTALITIES FOR CONDUCTING FOREIGN RELATIONS A Constitutional Principles 225 The Power o...
311
The Power to Create Offices and Agencies by Treaty
312
The Power of the President to Create Offices and Agencies
313
The Appointment of Officers and Agents
314
Limitations upon the Appointing Power
315
Powers of Removing and Directing Officers and Agents
316
B Application of Principles to Foreign Affairs 231 The Types of Agencies Conducting Foreign Relations
317
Dunn 6 Wheat 204 96
318
National Military Naval and Administrative Offices
320
Appointment of Military and Naval Officers
321
Organization of the Department of State
322
National and International Political Officers and Agents
323
Power to Determine Grades in the Foreign Service
324
Applicants for License In re 143
325
Power to Determine Occasion for Appointments in Foreign Service
326
21 306
327
Power of President to Appoint Diplomatic Agents
328
Practice of Sending Presidential Agents
329
Controversies with Respect to Presidential Agents
330
Presidential Agent not an Officer
333
International Administrative and Judicial Agencies
334
Conclusion on Power to Conduct Foreign Relations
335
PART V
337
UNDERSTANDINGS CONCERNING THE RELATIONS OF THE INDEPENDENT ORGANS 244 Reason for Constitutional Understandings
339
A The Overlapping of Powers of Independent Departments 245 Constitutional Understanding Respecting the Overlapping of Powers
340
Concurrent Powers of Treaty Power and Congress
344
B Cooperation of Independent Organs 249 Constitutional Understanding Respecting the Cooperation of Inde pendent Organs
346
Acts of the President
348
Acts of Congress
350
Obligation of the Courts
351
Obligation of the President
352
Duty of the Departments to Act 257 Constitutional Understanding respecting the Establishment of Neces sary Instrumentalities
357
THE CONTROL OF FOREIGN RELATIONS IN PRACTICE 259 The Position of the President
360
Criticisms of the American System
361
Need of Popular Control in Foreign Relations
362
Need of Centralization of Authority
363
Practice in American History
365
Constitutional Changes not Necessary
368
APPENDIX A Congressional Delegation of Power to Make In ternational Agreements
375
APPENDIX B Constitutional Understandings
376
INDEX
377
Virginia 96 Va 971 96
383
97
394
133
396
290
403
Belgenland The 114 U
410
Авторские права

Другие издания - Просмотреть все

Часто встречающиеся слова и выражения

Популярные отрывки

Стр. 206 - Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration or judicial settlement.
Стр. 108 - If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.
Стр. 261 - If the dispute between the parties is claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.
Стр. 269 - That it is the duty of the United States to demand, and the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the island of Cuba and withdraw its land and naval forces from Cuba and Cuban...
Стр. 275 - All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth, citizens thereof, are declared to be citizens of the United States ; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Стр. 280 - Nothing contained in this convention shall be so construed as to require the United States of America to depart from its traditional policy of not intruding upon, interfering with, or entangling itself in the political questions of policy or internal administration of any foreign state; nor shall anything contained in the said convention be construed to imply a relinquishment by the United States of America of its traditional attitude toward purely American questions.
Стр. 8 - We are accepting this challenge of hostile purpose because we know that in such a government, following such methods, we can never have a friend ; and that in the presence of its organized power, always lying in wait to accomplish we know not what purpose, there can be no assured security for the democratic governments of the world.
Стр. 212 - Granada, by the present stipulation, the perfect neutrality of the before-mentioned Isthmus, with the view that the free transit from the one to the other sea may not be interrupted or embarrassed in any future time while this treaty exists ; and in consequence, the United States also guarantee, in the same manner, the rights of sovereignty and property which New Granada has and possesses over the said territory.
Стр. 190 - ... committing, aiding, or abetting hostilities against any of the said powers, or by carrying to any of them those articles which are deemed contraband by the modern usage of nations, will not receive the protection of the United States against such punishment or forfeiture : and further, that I have given instructions to those officers, to whom it belongs, to cause prosecutions to be instituted against all persons who shall, within the cognizance of the courts of the United States, violate the...
Стр. 115 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.

Библиографические данные