140 WRIGHT— CONCLUSIVENESS OF THE ACTS 



national organs.'' They may not be accepted as definitive however, 

 if their validity is denied by the President. Thus state constitu- 

 tional or legislative provisions are not really law if in conflict with 

 the national constitution, laws, or treaties ; and acts of congress 

 or treaty provisions are not law if in conflict with the Constitution. 

 If the President discovers such a conflict and denies the validity 

 of the purported law his interpretation is conclusive for foreign 

 nations, even though it dififers from the view or court. ^^ 



23. Acts of Subordinates to the President. 



An act by a subordinate, purporting to be under authority of the 

 President, may not be accepted by foreign nations as the will of 

 the United States if promptly repudiated. Thus the salute to the 

 insurgent Brazilian navy in the harbor of Rio Janeiro, authorized 

 by Commodore Stanton in 1893, could not be considered a recog- 

 nition of that party as the government of Brazil in view of the 

 President's prompt repudiation of this act.^^ 



With reference to the making of national decisions, foreign na- 

 tions may accept the voice of the President as authoritative. Pur- 

 ported national or state laws and the acts or utterances of sub- 

 ordinates to the President, presumably subject to his instructions, 

 are the only other pronouncements on this subject which may be 

 considered authoritative, and they cannot, if their validity is 

 promptly denied by the President. On this subject foreign na- 

 tions are not expected to know the constitutional provisions defin- 

 ing the competence of national organs. 



B. With Reference to the Making of International Agreements. 



24. Foreign Nations Presumed to know the Constitution. 



In making international agreements, however, foreign nations 

 must look back of the President's assertions to the constitution it- 

 self.^^ They are presumed to know, and if they do not, are entitled 



^ Supra, sec. 15. 



1"^ See discussion of the Dillon Case, Moore, 5 : 80, 167, and infra, sec. 46. 



11 Moore, Digest, i : 24. 



12 " The Constitution of the United States, like the Constitution of 

 Brazil, points out the way in which treaties may be made and the faith of 

 the nation duly pledged. ... Of such provisions in each other's constitutions 



