These acts may be classified as (1) the meeting of international responsibilities, (2) the making of international agreements (3) the making of national decisions of international importance. The first includes the observance and enforcement of international law and treaty. The second includes the settlement of international controversies and the making of treaties. The third includes the recognition of facts and the declaration of policies of international significance. Before considering the constitutional authority for performing these acts, however, it will be well to recall certain fundamental principles of the Constitution.

41. Relation Between State and National Powers.

Under American constitutional law the legal competence of any organ is determined by two factors, the authorization of power and restrictions upon the exercise of power. With one hand the people are supposed to have granted certain powers expressed in written constitutions, to be exercised by governmental organs, for the general welfare, but with the other hand they are supposed to have taken away in part the powers thus granted through restrictions upon their exercise expressed in bills of rights, guarantees and prohibitions for the protection of private individuals, subordinate governmental areas and particular organs of the government. The authority for all powers exercised by organs of

1"The theory of our political system is that the ultimate sovereignty is in the people, from whom springs all legislative authority." Cooley, Constitutional Limitations, 6th ed., p. 39, citing McLean, J., in Spooner v. McConnell, 1 McLean 347, Waite, C. J., in Minor v. Happersett, 21 Wall. 162, 172, etc. For influence of the theories of popular sovereignty and the social contract on the constitutional fathers, see Merriam, Am. Political Theories, N. Y., 1903, p. 38; Willoughby, Am. Constitutional System, N. Y., 1904, p. 23 et seq.

2 The theory of constitutional limitations derived from the dogma of separation of powers and from the supposed division of sovereignty between the state and nation was prominent in the federal convention, but the Federalist (No. 84) thought a bill of rights unimportant. The Jeffersonian Republicans took a different view and succeeded in having the first ten amendments attached to the Constitution, thereby following the usual custom in state constitutions. See Cooley, op. cit., chap. ix, p. 311 et seq. For influence of theories of separation of powers, divided sovereignty, and natural rights upon the constitutional fathers, see Merriam, op. cit., pp. 107, 146, and Willoughby, loc. cit.