108 WRIGHT— NATURE OF FOREIGN RELATIONS POWER. 



251. Acts of the President 430 



252. Acts of Congress 433 



253. Acts of the Treaty-making Power: Obligation of the Courts 433 



254. Acts of the Treaty-making Power: Obligation of the President 434 



255. Obligation of the Treaty-making Power Itself as to Future Action 435 



256. Acts of the Treaty-making Power: Obligation of Congress 435 



C. Duty of the Departments to Act. 



257. Constitutional Understanding respecting the Establishment of Neces- 



sary Instrumentalities 439 



258. Duty of all Organs to Aid in Meeting International Responsibilities. 440 



Chapter XIX. The Control of Foreign Relations in Practice. 



259. The Position of the President 441 



260. Friction in the American System 442 



261. Criticisms of the American System 443 



262. Need of Popular Control in Foreign Relations 444 



263. Need of Centralization of Authority 445 



264. Practice in American History 447 



265. Constitutional Changes not Necessary 449 



266. Need of Constitutional Understandings 449 



PART I. 



CHAPTER I. 



The Nature of the Foreign Relations Power. 



I. Difficulty in Developing Legal Theory of Subject. 



There is no phase of American constitutional law on which 

 commentators have found it more difficult to procure a logical and 

 consistent theory than the control of foreign relations. Not only 

 have opinions differed as to the relative powers of President, 

 Senate and House of Representatives, but also as to the limitations 

 imposed upon the national foreign relations power as a whole by the 

 guaranteed rights of individuals, " reserved powers " of the states 

 and the doctrine of separation of powers. Discussion has dealt 

 particularly with the treaty-making power but similar differences 

 have developed in considering the power to make national decisions 

 such as the recognition of foreign states and governments, and 



