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

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American Philosophical Society, 1921

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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
THE REPRESENTATIVE ORGAN OF GOVERNMENT
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
CONSTITUTIONAL LIMITATIONS UPON THE FOREIGN RELATIONS POWER CHAPTER V LIMITATIONS UPON STATE POWERS 40 Positi...
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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
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Effect upon Power to Make International Agreements
184
Effect upon Power to Make Decisions on National Policy
189
Nature of the Theory
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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
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Power of President and Courts to Meet Responsibilities
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B Effect on the Power to Make International Agreements 58 Limitations upon the Government as a Whole
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The Delegation of Legislative Power
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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
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Theory of Sovereign Powers
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Theory of National Sovereignty in Foreign Relations
224
Theory of Resultant Powers
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B Essential Nature of the Foreign Relations Power 74 Controversy as to Nature of Foreign Relations Power
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Early Opinion
228
Practice
229
Early Opinion
230
Practice
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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
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
General Empowering Statutes
276
Enforcement by the President 125 Enforcement by the President
282
Presidents Lse of Military Force
283
Enforcement by the Courts 128 Early Assumptions of Common Law Criminal Jurisdiction by Fed eral Courts
286
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
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
Entelodonts from the Big Badlands of South Dakota in the Geo
466
THE CONTROL OF THE FOREIGN RELATIONS OF
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 ALÈS HRDLIČKA
535
An ElectroChemical Theory of Normal and Certain Pathological
546
The Crowned Essay for which the Henry M Phillips Prize of two thousand
554
ANALYTICAL TABLE OF CONTENTS
xi
Difficulty in Developing a Legal Theory of the Subject 108
xx
Minutes iii

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Strana 363 - 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.
Strana 110 - The necessity of such caution and secrecy was one cogent reason for vesting the power of making treaties in the President', with the advice and consent of the Senate, the principle on which that body was formed confining it to a small number of members." Washington, Message to House of Representatives, March 30,
Strana 301 - 141. The Obligation of Treaties and International Law. Treaties are presumably made to be kept. " It is an essential principle of the law of nations," asserted the London protocol of 1871, "that no power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting powers by means of an amicable arrangement.
Strana 158 - 5.) Willoughby calls attention to the evidence that the United States actually has accepted general international law: "The federal constitution provides that Congress shall have the power to define and punish offenses against the law of nations, and to make rules concerning captures on land and water. Furthermore, it is declared that treaties made under the authority of the
Strana 216 - extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the t'erritory of the latter, without its consent. Fort Leavenworth Railroad Co.
Strana 218 - way. (4) And also to except those subjects of legislation in which it gave a participation to the House of Representatives. This last exception is denied by some, on the ground that it would leave very little matter for the treaty power to work on. The less the better, say others.
Strana 382 - The legitimacy of self-help in the presence of " a necessity of selfdefense, instant, overwhelming and leaving no choice of means and no moment for deliberation" was recognized in the Caroline controversy of 1840, Moore, Digest, 2: 412.
Strana 220 - of making that provision ought to know no other bounds than the exigencies of the nation and the resources of the community." 69. Important Limitations from Separation of Powers. In fact the only important legal limitation upon the foreign relations power seems to be that, resulting from the doctrine of separation of powers, that all acts must
Strana 131 - cit., p. 232, Am. Year Book, 1917, p. 48. 11 See also Art. IV of the treaty of 1854 with Great Britain by which "the Government of the United States further engages to urge upon the state governments to secure to the subjects of Her Britannic Majesty the use of the several state canals on terms of equality with the inhabitants of the
Strana 197 - exeptions" from the treaty-making power: "those subjects of legislation in which it gave a participation to the House of Representatives." He noticed, however, that this exception " would leave very little matter for the treaty power to work on." 31 Practice does not sustain Jefferson's contention. Most treaties have dealt with subjects within the delegated powers of Congress and have been held valid.

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