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

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American Philosophical Society, 1921

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Presidents Duty to Execute the Laws
93
LIAM J SINCLAIR
96
THE AMERICAN PHILOSOPHIC
98
ANALYTICAL TABLE OF CONTENTS
108
PART II
115
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 Derived 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
231
Recent Opinion 82 Theory of a Fourth Department Different from Either Executive or Legislative
232
Opinion of Theoretical Writers
234
British and Colonial Precedents 235
235
Opinion of the Constitutional Fathers 86 A Fourth Department Functional Classification 240
240
The Foreign Relations Department CHAPTER X THE POWER TO MEET INTERNATIONAL RESPONSI BILITIES 89 The Law of International Re...
242
State Power to Meet International Responsibilities 244
244
National Power to Meet International Responsibilities
245
THE POWER TO MEET INTERNATIONAL RESPONSIBILI
252
Observance of International Law by Military and Civil Services
258
This Principle not Applicable to Cases Covered by Written Law
265
Offenses Against Neutrality
271
Sufficiency of Existing Legislation for Punishing Offenses Against
277
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
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
Justiciable and Nonjusticiable Questions
299
The Obligation of Treaties and International Law
301
Practice in Submitting Disputes to Arbitration
303
Congress
304
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
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
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
Entelodonts from the Big Badlands of South Dakota in the Geo
466
On Mean Relative and Absolute Parallaxes By KEIVIN BURNS
496
Measurement of Star Diameters by the Interferometer Method
524
The Peopling of Asia By ALES HRDLIČKA
535
The Coudersport Ice Mine By EDWIN SWIFT BALCH
553
JOSEPH GEORGE ROSEN
iii
Morris Jastrow Jr
x
THE AMERICAN PHILOSOPHICAL SOCIETY
xi
Minutes iii
xxix
Index XXV
xxix

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Стр. 300 - 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. 351 - 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. 94 - And when the people saw what Paul had done, they lifted up their voices, saying in the speech of Lycaonia, The gods are come down to us in the likeness of men.
Стр. 358 - 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. 369 - 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. 85 - For, behold, the days are coming, in the which they shall say, Blessed are the barren, and the wombs that never bare, and the paps which never gave suck. Then shall they begin to say to the mountains, Fall on us ; and to the hills, Cover us. For if they do these things in a green tree, what shall be done in the dry ? And there were also two other, malefactors, led with him to be put to death.
Стр. 397 - to raise and support Armies" and "to provide and maintain a Navy.
Стр. 216 - 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.
Стр. 314 - Congress, and it is the Constitutional right and duty of the House of Representatives, in all such cases, to deliberate on the expediency or inexpediency of carrying such Treaty into effect and to determine and act thereon, as, in their judgment, may be most conducive to the public good.
Стр. 374 - The cup of forbearance had been exhausted even before the recent information from the frontier of the Del Norte. But now, after reiterated menaces, Mexico has passed the boundary of the United States, has invaded our territory and shed American blood upon the American soil.

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