182 WRIGHT— LIMITATIONS UPON NATIONAL POWERS, 



We may conclude that constitutional guarantees of individual 

 rights restrict the foreign relations power very little whether acting 

 to meet international responsibilities, to make international agree- 

 ments or to make and carry out national decisions and policies. 



B. States' Rights. 



48. Nature of Prohibition. 



Restrictions upon the exercise of power by national organs 

 may be implied from the guarantee of certain rights to the states. 

 Territorial integrity,''^ a republican form of government^- and the 

 independence of their governmental organs from taxation or other 

 burdening*'^ appear to be genuine "states' rights" and must be 

 distinguished from the so-called " reserved powers " of the states. 

 The former constitute definite limitations upon the exercise of 

 national power, the latter if they restrict the exercise of national 

 powers at all, do so simply by virtue of constitutional understand- 

 ings. 



49. Effect upon Pozver to Meet International Responsibilities. 



The power to meet international responsibilities does not seem 



to be limited by any states' rights. The power to define and punish 



ofifenses against the law of nations and the necessary and proper 



clause of the Constitution*'* confer upon Congress ample power 



to provide for carrying out all treaties and all responsibilities under 



President Lincoln probably did so by that proclamation. For criticism see 

 Burgess, The Civil War and the Constitution, 2: 117; Rhodes, History 

 of U. S., 4 : 70. See also infra, sec. 218. 



6'' See Alien Enemy Act, July 6, 1798 (i stat. 577), amended July 6, 

 1812 (i stat. 781, rev. stat., sees. 4067, 4068), and April 16, 1918, making it 

 applicable to women, which authorizes internment and expulsion. The 

 President issued proclamations under them April 6, Nov. 16, Dec. 11, 1917, 

 and April 19, 1918. See Comp. Stat., sees. 7615-18. See also Brown v. U. S., 

 8 Cranch no. 



^1 Constitution, IV, sec. 3, cl. i ; sec. 4. 



62 Ibid., IV, sec. 4. 



"3 Collector 7'. Day. 11 Wall. 113; Willoughby, op. cit., pp. 110-114; 

 Willoughby, The American Constitutional System, pp. 123, 129. For ex- 

 press prohibitions upon the national government in behalf of the states, 

 see supra, sec. 44. 



64 Constitution, I, sec. 8, cl. 10, 18. 



