102 ANALYTICAL TABLE OF CONTENTS. 



64. Limitations Derived from Powers of the Judiciary 211 



65. Limitations Derived from Powers of the President 214 



C. Effect on the Power to Make National Decisions. 



66. Alleged Encroachments 215 



Chapter VIII. Conclusion on Constitutional Limitations. 



67. Traditional Statements of Limitations upon the Treaty-power 216 



68. Most Limitations L^nimportant in Practice 219 



69. Important Limitations from Separation of Powers 220 



PART IV. 



THE POWER TO CONDUCT FOREIGN RELATIONS UNDER THE 



CONSTITUTION. 



Chapter IX. The Position of the Foreign Relations Power in 

 THE Constitutional System. 



A. Source of National Powers. 



.70. Distribution of Powers between States and National Government... 221 



71. Theory of Sovereign Powers 222 



72. Theory of National Sovereignty in Foreign Relations 224 



73. Theory of Resultant Powers 225 



B. Essential Nature of tlie Foreign Relations Power. 



74. Controversy as to Nature of Foreign Relations Power 227 



75. Foreign Relations Power not Essentially Judicial 227 



76. Theory of Essentially Executive Nature: Early Opinion 228 



77. Essentially Executive Nature : Practice 229 



78. Essentially Executive Nature : Recent Opinion 229 



79. Theory of Essentially Legislative Nature: Early Opinion 230 



80. Essentially Legislative Nature : Practice 231 



81. Essentially Legislative Nature : Recent Opinion 232 



82. Theory of a Fourth Department Different from Either Executive 



or Legislative 232 



83. A Fourth Department : Opinion of Theoretical Writers 234 



84. A Fourth Department : British and Colonial Precedents 235 



85. A Fourth Department: Opinion of the Constitutional Fathers 238 



86. A Fourth Department : Functional Classification 240 



87. A Fourth Department : Practice 240 



88. The Foreign Relations Department 242 



Chapter X. The Power to Meet International Responsi- 

 bilities. 



89. The Law of International Responsibility 242 



90. State 'Power to Meet International Responsibilities 244 



91. National Power to Meet International Responsibilities 245 



