Proceedings of the American Philosophical Society Held at Philadelphia for Promoting Useful Knowledge, Svazek 60American Philosophical Society, 1921 |
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Strana 112
... supra , note 4 . 8 See Dicey , The Law of the Constitution , 8th ed . , p . 23 , for this dis- tinction . 9 Wright , The Legal Nature of Treaties , Am . J. of Int . Law , 10 : 711 et seq . 10 Supra , note 4 . visional until they have ...
... supra , note 4 . 8 See Dicey , The Law of the Constitution , 8th ed . , p . 23 , for this dis- tinction . 9 Wright , The Legal Nature of Treaties , Am . J. of Int . Law , 10 : 711 et seq . 10 Supra , note 4 . visional until they have ...
Strana 124
... supra , note 18 . Apparently attempts to negotiate with foreign governments except under authority of the President is a criminal offense under the Logan Act , Jan. 30 , 1799 , Rev. Stat . , sec . 5335 , Criminal Code of 1909 , Art . 5 ...
... supra , note 18 . Apparently attempts to negotiate with foreign governments except under authority of the President is a criminal offense under the Logan Act , Jan. 30 , 1799 , Rev. Stat . , sec . 5335 , Criminal Code of 1909 , Art . 5 ...
Strana 125
... supra , note 22 . " The Department of State has explained that claims against the Government can be presented only ... Supra , note 6 . 28 Supra , note 13 . 29 See suggestions for judicial settlement of the California - Japanese School ...
... supra , note 22 . " The Department of State has explained that claims against the Government can be presented only ... Supra , note 6 . 28 Supra , note 13 . 29 See suggestions for judicial settlement of the California - Japanese School ...
Strana 126
... ( Supra , note 13. White Book , European War , No. 3 , pp . 340 , 343. ) The United States has been similarly reluctant to leave important matters of international law to foreign courts . In a note of June 24 , 1915 , with reference to ...
... ( Supra , note 13. White Book , European War , No. 3 , pp . 340 , 343. ) The United States has been similarly reluctant to leave important matters of international law to foreign courts . In a note of June 24 , 1915 , with reference to ...
Strana 127
... Supra , note 26. If some international organ of settlement is utilized it must of course be on the basis of express agreement . In the absence of treaty , arbitration is voluntary . See Wright , Columbia Law Rev. , 20 : 146 . 32 Foreign ...
... Supra , note 26. If some international organ of settlement is utilized it must of course be on the basis of express agreement . In the absence of treaty , arbitration is voluntary . See Wright , Columbia Law Rev. , 20 : 146 . 32 Foreign ...
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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.