196 WRIGHT— LIMITATIONS UPON NATIONAL POWERS. 



enjoins all departments to exercise such powers as they have in 

 order promptly to meet international responsibilities.^® 



Often, however, it is within the power of Congress to vest the 

 President and courts by general law with adequate power to meet 

 responsibilities, and a mass of legislation with this purpose has 

 grown up dealing especially with the enforcement of neutrality, 

 the protection of diplomatic officers, the protection of foreign 

 securities, the suppression of piracy, the extradition of criminals, 

 and the enforcement of many treaties such as that for supressing 

 the slave trade and for the protection of migratory birds. No 

 general law has as yet been passed giving the President and courts 

 adequate power to protect the rights of resident aliens guaranteed 

 by international law and treaty, though Congress, undoubtedly, 

 has power to pass such laws.^^ 



B. Effect on the Power to Make International Agreements. 



58. Limitations upon the Government as a Whole. 



In considering limitations derived from the separation of 

 powers, upon the power of the national government to make inter- 

 national agreements, we need consider only the limitations upon 

 the full treaty-making power. Whatever independent power the 

 President may enjoy in making interfiational agreements is a 

 fortiori subject to the same limitations. These limitations exist by 

 virtue of the constitutional prerogatives of Congress, of the courts 

 and of the President. 



59. Limitations Derived from Powers of Congress. 



" The treaty making power," said Calhoun, " is limited by such provisions 

 of the Constitution as direct certain acts to be done in a particular way, and 

 which prohibit the contrary, of which a striking example is to be found in 

 that which declares that ' no money shall be drawn from the Treasury but 

 in consequence of appropriations to be made by law.' " ^s 



Undoubtedly, the treaty power is prohibited from depriving organs 

 of the government of rights, privileges or powers inherent or 

 delegated by the Constitution, or from giving them powers not 



26 Infra, sec. 258. 



27 Infra, sec. 120. 



28 Works, i: 203; Moore, Digest', 5: 166. 



