AND UTTERANCES OF NATIONAL ORGANS. 167 



With the making of inteniational agreements on the other hand 

 foreign nations are entitled to assume no such Presidential omnipo- 

 tence. The United States cannot be bound by new engagements 

 until the organs designated by the Constitution have acted. In the 

 meeting of international responsibilities, international law is prior, 

 in the making of international engagements the Constitution is 

 prior. 



PART III. 



Constitutional Limitations upon the Foreign 

 Relations Power. 



CHAPTER V. 

 Limitations upon State Powers. 



40. Position of the Foreign Relations Power under Constitutional 

 Laiv. 



From the standpoint of international law the essential element 

 in the foreign relations power of any state is the authority rec- 

 ognized by foreign states as representing the state and competent to 

 meet its international responsibilities. We have seen that in the 

 United .States this authority is the President acting through the 

 Department of State. Foreign states with claims or complaints need 

 know nothing of constitutional powers or limitations. They are 

 entitled to present their cases to the President through the State 

 Department and to demand of him satisfaction according to the 

 measure of international law and treaty. If he is luiable to obtain 

 it the United States is liable to such measures of redress as inter- 

 national law may permit the claimant state. 



In sharp contrast, is the position of the foreign relations power 

 under constitutional law. The question is not of responsibility but 

 of power. Under constitutional law the foreign relations power 

 consists of those organs of government competent to perform the 

 various acts connected with the conduct of foreign relations. 



