stances" and "the obligation to take care that the laws of the United States are faithfully executed, is an obligation but confers in itself. no powers. It is an obligation which is to be fulfilled by the exercise of those powers which the Constitution and Congress have seen fit to confer." The constitutional requirement in question means. that the President shall exercise his power as commander-in-chief to move the forces, his power as head of the civil administration to direct and instruct diplomatic, consular and other officers within the scope of their powers as fixed by congress, his power to negotiate treaties, his power to receive diplomatic officers and his other powers given specifically by the Constitution or by congress in the manner most appropriate to execute the laws, including international law and treaties. It does not mean that he can supply means not provided by law or take measure not within the scope of his delegated powers, however appropriate they might be for the meeting of international responsibilities. Within his recognized powers, however, assuming the existence of the military, naval and civil organizations as provided by congress, the President has power to meet many international responsibilities without the aid of congress.

94. Power of Courts to Meet International Responsibilities.

The federal courts are obliged by the Constitution to apply treaties as the supreme law of the land and have held that they must apply international law in appropriate cases, though subsequent express statutes will prevail in either case.25 This, however, is an obligation and not a power. The view taken by the courts in a few early cases that from these duties they could derive jurisdiction to enforce international law even by criminal punishments has not prevailed.20 The extension of federal judicial power by Article III of the Constitution:

"to all cases, in law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made under their Authority; to all Cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; and to controversies . . . between a State or the Citizens thereof, and Foreign states, Citizens or Subjects"

25 Infra, secs. 106-108.

26 Infra, sec. 129.

seems to give an opportunity for a full cooperation of the federal courts in meeting international responsibilities. This jurisdiction, however, with exception of the original jurisdiction of the Supreme Court which includes cases affecting diplomatic officers and consuls, is subject to regulation by congress. Thus in fact, aside from the recourses offered diplomatic officers and consuls to the Supreme Court, the federal courts can aid in the meeting of international responsibilities only in so far as congress has specifically conferred jurisdiction upon them. Their jurisdiction has in fact been extended to most of the cases described in the Constitution and their application of international law and treaties, in prize cases, cases affecting foreign sovereigns, diplomatic, military and naval officers, cases affecting domiciled aliens, sojourning foreign vessels and others is an effective means of meeting many international responsibilities. Congress has defined a considerable number of crimes at international law, such as piracy, offenses against neutrality, offenses against foreign ministers and offenses against foreign currency, which are made punishable by the federal courts.27

95. Power of Congress to Meet International Responsibilities.

Aside from the exercise of specific powers, such as the appropriation of money, the regulation of commerce, provision for the punishment of piracies and offenses against the law of nations, declaration of war, grant of letters of marque and reprisal, making of rules concerning capture, maintenance and regulation of an army and navy, Congress can "make all laws which shall be necessary and proper for carrying into execution . . . all . . . powers vested by this Constitution in the Government of the United States or in any department or officer thereof." This clause unquestionably confers power upon Congress sufficient to meet every possible international responsibility. Accepting the doctrine of the Supreme Court that the exercise of sovereignty may be limited only by its own consent,28 it follows that every international responsibility must 27 Infra, secs. 113-118.

28 The Schooner Exchange v. McFaddon, 7 Cranch 116, quoted with approval in the Chinese Exclusion Cases, 130 U. S. 581 (1889). See also infra, sec. 138.