Proceedings of the American Philosophical Society Held at Philadelphia for Promoting Useful Knowledge, Том 60

American Philosophical Society, 1921

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... 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 law of nations with respect to the powers at war or any of ...

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The Origin and Distribution of the Genera of the Fishes	1

The Action of Bases and Salts on Biocolloids and CellMasses	15

A Natural Group of Unusual Black Oaks By WILLIAM TRE	31

The Fixed Glacial Anticyclone Compared to the Migrating Anti	34

Discussion of a Kinetic Theory of Gravitation and II Some	43

Rose Atoll American Samoa By ALFRED GOLDSBOROUGH	62

Tobits Blindness and Saras Hysteria By PAUL HAUPT	71

A New Hoplophoneus from the Titanotherium Beds By WIL	96

Federal Courts have no Criminal Jurisdiction from Treaties Alone	288

Statutory Criminal Jurisdiction of Federal Courts	289

Civil Jurisdiction of Federal Courts in Cases Affecting Aliens	291

Conclusion	293

Performance of Obligations by the States	294

A The Nature of National Obligations 137 Obligations Founded on International Agreement	295

Obligations Founded on General International Law	297

The Determination of Obligations	298

ANALYTICAL TABLE OF CONTENTS	108

Constitution	109

PART II	115

The President is the Representative Authority in the United States	123

ATTRIBUTES OF THE NATIONAL REPRESENTATIVE ORGAN UNDER INTERNATIONAL LAW A Sole Agency for Foreign Communication 1...	128

National Organs of Government other than the President or His Representatives May Not Communicate	130

National and State Laws Subject to International Cognizance	131

Legislative Expressions of Opinion not of International Cognizance	133

Selfconstituted Missions Forbidden	135

Missions of de facto Governments Unofficially Received	136

President Presumed to Speak for the Nation	137

CONCLUSIVENESS OF THE ACTS AND UTTERANCES OF NATIONAL ORGANS UNDER INTERNATIONAL LAW A With Reference to the M...	138

National and State Statutes	139

Acts of Subordinates to the President	140

Signature under Authority of the Treaty Power	141

Signature under Authority of the President	143

Reservations Expressly Consented to	145

Reservations Tacitly Consented to	148

Exchange of Ratifications under Authority of the President	152

Treaty Provisions ultra vires from Operation of Constitutional Limitations	154

Treaty Made Under Necessity	156

With Reference to the Meeting of International Responsibilities 33 United States Bound by International Law and Treaties	157

Acts of the President	158

Acts of Subordinates to the President	159

Decisions of International Organs Authorized by the President	161

Interpretation of Treaties	162

Understandings do not Require Forbearance in Pressing Inter national Claims	165

PART III	167

Relation Between State and National Powers	168

Constitutional Prohibitions of State Power	169

Action of National Organs Limiting State Powers	170

PRIVATE RIGHTS AND STATES RIGHTS A Private Rights 44 Nature of Prohibitions	172

Effect upon Power to Meet International Responsibilities	173

Effect upon Power to Make International Agreements	176

Effect upon Power to Make Decisions on National Policy	178

B States Rights 48 Nature of Prohibition	182

Effect upon Power to Make International Agreements	184

Effect upon Power to Make Decisions on National Policy	189

THE SEP ARATION OF POWERS 52 Nature of the Theory	190

Protection of Independence of Departments	192

Prohibition upon Exercise of Uncharacteristic Powers by any De partment	193

A Effect on the Power to Meet International Responsibilities 56 Government as a Whole Competent to Meet Responsibilities	194

Power of President and Courts to Meet Responsibilities	195

B Effect on the Power to Make International Agreements 58 Limitations upon the Government as a Whole	196

The Delegation of Legislative Power	198

Congressional Delegation of Power to Make International Agree ments	200

Treaty Delegation of Power to National Organs	202

Treaty Delegation of Power to International Organs	205

Limitations Detived from Powers of the Judiciary	211

Limitations Derived from Powers of the President	214

Alleged Encroachments	215

CONCLUSION ON CONSTITUTIONAL LIMITATIONS 67 Traditional Statements of Limitations upon the Treatypower	216

Most Limitations Unimportant in Practice	219

Important Limitations from Separation of Powers	220

PART IV	221

Theory of Sovereign Powers	222

Theory of National Sovereignty in Foreign Relations	224

Theory of Resultant Powers	225

B Essential Nature of the Foreign Relations Power 74 Controversy as to Nature of Foreign Relations Power	227

Early Opinion	228

Practice	229

Early Opinion	230

Practice	231

Recent Opinion	232

Opinion of Theoretical Writers	234

British and Colonial Precedents	235

Opinion of the Constitutional Fathers	238

Functional Classification	240

The Foreign Relations Department	242

State Power to Meet International Responsibilities	244

National Power to Meet International Responsibilities	245

Theory of Inherent Executive Power to Meet International Re sponsibilities	246

Presidents Duty to Execute the Laws	248

Power of the Courts to Meet International Responsibilities	249

Power of Congress to Meet International Responsibilities	250

Power to Meet International Responsibilities by Treaty	251

THE POWER TO MEET INTERNATIONAL RESPONSIBILI TIES THROUGH THE OBSERVANCE OF INTERNATIONAL LAW 97 Conditions F...	252

Observance of International Law by the Constitution	253

Checks upon Congressional Disregard of International Law	255

Observance of International Law by the Treatymaking Power	256

Observance of International Law by the President	257

Observance of International Law by Military and Civil Services	258

Observance of International Law by the Courts	261

Courts Apply International Law and Treaties as Part of the Law of the Land	262

This Principle not Applicable to Political Questions	263

This Principle not Applicable to Cases Covered by Written Law	265

THE POWER TO MEET INTERNATIONAL RESPONSIBILI TIES THROUGH THE ENFORCEMENT OF INTERNATIONAL LAW 109 Due Dilig...	266

Enforcement by the States	267

Enforcement under the National Constitution	269

Offenses Against Persons Protected by International Law	270

Offenses Against Neutrality	271

Offenses Against Foreign Governments	272

Offenses Relating to International Boundaries	273

Offenses Against Treaties	274

General Empowering Statutes	276

Sufficiency of Existing Legislation for Punishing Offenses Against Foreign Governments	277

Sufficiency of Existing Legislation in Aid of Foreign Criminal Justice	279

B Enforcement by Action of the Treaty Power 123 Treaties as a Basis for Executive and Judicial Action	280

Enforcement by the President 125 Enforcement by the President	282

Presidents Use of Military Force	283

Enforcement by the Courts 128 Early Assumptions of Common Law Criminal Jurisdiction by Fed eral Courts	286

Federal Courts have no Common Law Jurisdiction	287

Justiciable and Nonjusticiable Questions	299

The Obligation of Treaties and International Law	301

Practice in Submitting Disputes to Arbitration	303

Congress	304

The Senate	305

The President	306

By International Political Organs	307

By National Courts	309

By International Courts	310

Power to Perform National Obligations 149 Appropriations	313

Cession of Territory	315

Conclusion of Subsequent Treaties	316

Commerce and Revenue Laws	317

THE POWER TO MAKE INTERNATIONAL AGREE MENTS 156 Power of the States to Make Agreements with Consent of Congress	318

Power of the States to Make Agreements Independently	319

Power of the National Government to Make Agreements	321

The Courts can not make International Agreements	322

Administrative Agreements under Authority of Act of Congress	323

Administrative Agreements under Authority of Treaty	324

Independent Administrative Agreements	325

The Validity of Administrative Agreements	327

The Power to Make Military Agreements	328

Armistices and Preliminaries of Peace	329

Validity of Military Agreements	330

Power to Make Diplomatic Agreements	331

Diplomatic Agreements Settling Controversies	332

Validity of Diplomatic Agreements	333

B The Power to Make Treaties 173 The Subject Matter of Treaties	334

The Initiation of Treaties	336

The Appointment of Negotiators	337

Consent to the Ratification of Treaties	340

The Ratification of Treaties	342

The Proclamation of Treaties	343

The Power to Terminate Treaties 181 Change in Conditions	344

Conclusion of New Treaty	345

Denunciation by Congress	346

Denunciation by the Treatymaking Power	347

Legislative Abrogation	348

Conclusion	349

RECOGNITION ANNEXATION CITIZEN SHIP AND THE DETERMINATION OF POLICY 189 Distinction Between Domestic and Foreign Affairs	350

State Power to Make Political Decision in Foreign Affairs	351

National Power to Make Political Decisions in Foreign Affairs	353

A The Power to Recognize Foreign States Governments and Belligerents 192 The Power of Recognition	355

Limits of Recognition Power	356

Exclusiveness of Presidents Recognition Power	357

Claim of Congress to Recognition Power	358

B The Power to Determine National Territory and Citizenship 196 Judicial Recognition of Territorial Limits	360

Recognition of Territorial Limits by the President	361

Power of Congress to Annex Territory	362

Power of Congress to Naturalize Aliens and Establish Criteria of Citizenship	363

Power of Executive to Recognize Citizenship	364

President not Bound by Congressional Resolutions on Foreign Affairs	366

Congressional Declarations of General Policy	368

Power of the President to Determine Foreign Policy	369

WAR AND THE USE OF FORCE A The Power to Make War 206 The Power to Make War	370

The Recognition of War by Congress	372

The Power to Recognize War	375

The Power to Declare War	376

The Power to Recognize the Termination of War	377

B The Power to Use Force in Foreign Affairs 214 Diplomatic Pressure	379

Display of Force	380

Occupation and Administration of Territory	382

Capture and Destruction of Foreign Military Forces	383

Seizure and Destruction of Private Property	384

Commercial Pressure and Retaliation	387

Exclusion Expulsion and Internment of Aliens	389

Power to Employ Various Methods of Coercion	390

Purposes for Which the President May Employ Force under	391

Purposes for Which the President May Employ Force under Statute	394

Conclusion	395

THE POWER TO ESTABLISH INSTRUMENTALITIES FOR CONDUCTING FOREIGN RELATIONS A Constitutional Principles 225 The Power o...	396

The Power to Create Offices and Agencies by Treaty	397

The Power of the President to Create Offices and Agencies	398

The Appointment of Officers and Agents	399

Limitations upon the Appointing Power	401

Powers of Removing and Directing Officers and Agents	402

B Application of Principles to Foreign Affairs 231 The Types of Agencies Conducting Foreign Relations	403

National Military Naval and Administrative Offices	405

Appointment of Military and Naval Officers	406

Organization of the Department of State	407

National and International Political Officers and Agents	408

Power to Determine Grades in the Foreign Service	409

Power to Determine Occasion for Appointments in Foreign Service	411

Power of President to Appoint Diplomatic Agents	413

Practice of Sending Presidential Agents	414

Controversies with Respect to Presidential Agents	415

Presidential Agent not an Officer	418

International Administrative and Judicial Agencies	419

Conclusion on Power to Conduct Foreign Relations	420

PART V	421

A The Overlapping of Powers of Independent Departments 245 Constitutional Understanding Respecting the Overlapping of Powers	423

Concurrent Powers of Treaty Power and Congress	426

B Cooperation of Independent Organs 249 Constitutional Understanding Respecting the Cooperation of Inde pendent Organs	428

Decisions by the Courts	429

The TurtleOreodon Layer or Red Layer a Contribution	457

Entelodonts from the Big Badlands of South Dakota in the Geo	467

99	501

Ecuador Peru and Chili By Carl H EIGENMANN	503

Measurement of Star Diameters by the Interferometer Method	524

An ElectroChemical Theory of Normal and Certain Pathological	546

456	xxxi

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Название	Proceedings of the American Philosophical Society Held at Philadelphia for Promoting Useful Knowledge, Том 60 Proceedings of the American Philosophical Society Held at Philadelphia for Promoting Useful Knowledge, American Philosophical Society Proceedings of the American Philosophical Society (Том 60), American Philosophical Society
Автор	American Philosophical Society
Издатель	American Philosophical Society, 1921

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