ANALYTICAL TABLE OF CONTENTS. 107 



Constitution 3^1 



223. Purposes for Which the President INIay Emplo\- Force under Statute. 394 



224. Conclusion 395 



Chapter XVII. The Power to Establish Instrumentalities 

 FOR Conducting Foreign Relations. 



A. Constitutional Principles. 



225. The Power of Congress to Create Offices and Agencies 396 



226. The Power to Create Offices and Agencies by Treaty 397 



227. The Power of the President to Create Offices and Agencies 398 



228. The Appointment of Officers and Agents 399 



229. Limitations upon the Appointing Power 401 



230. Powers of Removing and Directing Officers and Agents 402 



B. Application of Principles to Foreign Affairs. 



231. The Types of Agencies Conducting Foreign Relations 403 



232. National Military, Naval and Administrative Offices 405 



^33- Appointment of Military and Naval Officers 406 



234. Organization of the Department of State 407 



235. National and International Political Officers and Agents 408 



236. Power to Determine Grades in the Foreign Service 409 



237. Power to Determine Occasion for Appointments in Foreign Service. 411 



238. Power of President to Appoint Diplomatic Agents 413 



239. Practice of Sending Presidential Agents 4^4 



240. Controversies with Respect to Presidential Agents 4^5 



241. Presidential Agent not an Officer 4^8 



242. International Administrative and Judicial Agencies 419 



243. Conclusion on Power to Conduct Foreign Relations 420 



PART V. 



THE UNDERSTANDINGS OF THE CONSTITUTION. 



Chapter XVIII. Understandings Concerning the Relations 

 of the Independent Organs. 



244. Reason for Constitutional L"^nderstandings 421 



A. The Overlapping of Powers of Independent Departments. 



245. Constitutional Understanding Respecting the Overlapping of Powers. 423 



246. Concurrent Powers of President and Congress 423 



247. Concurrent Powers of President and Courts 424 



248. Concurrent Powers of Treaty Power and Congress 426 



B. Cooperation of Independent Organs. 



249. Constitutional Understanding Respecting the Cooperation of Inde- 



pendent Organs 428 



250. Decisions by the Courts 429 



