Proceedings, American Philosophical Society (vol. 60, 1921)

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American Philosophical Society

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ANALYTICAL TABLE OF CONTENTS
106
Methods of Reconciling These Points of View
112
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
179
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 partments
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 President
214
Alleged Encroachments
215
CONCLUSION ON CONSTITUTIONAL LIMITATIONS 67 Traditional Statements of Limitations upon the Treatypower
216
Most Limitations Unimportant in Practice 219
220
PART IV
221
Theory of Sovereign Powers
222
72 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
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 Fav...
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
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
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
Constitution
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
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 President and Courts
424
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
A New Hoplophoneus from the Titanotherium Beds By WIL
457
Entelodonts from the Big Badlands of South Dakota in the Geo
467
SINCLAIR
474
On Mean Relative and Absolute Parallaxes By KEIVIN BURNS
496
Measurement of Star Diameters by the Interferometer Method
525
The Peopling of Asia By AlĚs HRDLIČKA
535
The Coudersport Ice Mine By Edwin Swift Balch
553
Morris Jastrow Jr X
xxix

Common terms and phrases

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Էջ 298 - 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.
Էջ 349 - 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.
Էջ 92 - 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.
Էջ 367 - 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.
Էջ 114 - 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.
Էջ 83 - 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.
Էջ 294 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Էջ 395 - to raise and support Armies" and "to provide and maintain a Navy.
Էջ 214 - 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.
Էջ 312 - 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.

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