194 WRIGHT— LIMITATIONS UPON NATIONAL POWERS. 



executive powers as the giving of advisory opinions^^ or the making 

 of decisions which are reviewable by executive or legislative 

 officers/** The theory has been most difficult to apply as a restric- 

 tion upon the executive because methods closely approaching a 

 judicial and a legislative character often seem essential to the per- 

 formance of executive duties. Though the theory that the legis- 

 lature cannot delegate its power exists, the courts actually give the 

 force of law to executive orders and regulations issued under 

 authority of statute.^" This is justified by the theory that the 

 ordinances are not legislation but merely the application of a policy 

 determined by Congress in the delegating act. So also executive 

 boards and commissions are permitted to proceed as courts and 

 give decisions of a definitive character in certain types of cases.*^ 

 The almost complete control over the organization and jurisdiction 

 of federal courts given by the Constitution to Congress^^ makes 

 any attempt by the courts to prevent the vesting of judicial func- 

 tions in administrative bodies virtually impossible.^^ 



A. Effect on the Power to Meet International Responsibilities. 



56. The Government as a Whole Competent to Meet Responsibil- 

 ities. 



The doctrine of separation of powers does not impose any 

 limitation upon the power of the United States to meet its inter- 

 national responsibilities. International law and treaty provisions 

 have very seldom directed the instrumentality through which re- 

 sponsibilities shall be met. The responsibility rests on the nation 

 and it can ordinarily determine its own instrumentality for per- 

 formance. Consequently if any organ of the government has 

 power to meet a particular responsibility, or to provide for meeting 



1^ See Thayer, Cases of Const. Law, i : 175, and Willoughby, op. cit., 



p. 13- 



19 Hayburn's Case, 2 Dall. 409; Gordon v. U. S., 2 Wall. 561 ; Willoughby, 

 op. cit., p. 1275. 



20 Field V. Clark, 143 U. S. 649; Goodnow, op. cit., pp. 42, 85. 



21 U. S. V. Ju Toy, 198 U. S. 253; Willoughby, op. cit., p. 1278, et seq. 



22 Constitution, I, sec. 8, cl. 9; III, sec. i, sec. 2, cl. 2, seems to give 

 Congress complete control over the courts except the original jurisdiction 

 of the Supreme Court. Ex Parte McCardle, 7 Wall. 506. 



23 Willoughby, op. cit., p. 1277. 



