214 WRIGHT— LIMITATIONS UPON NATIONAL POWERS. 



some process if applied merely to prize courts and would become 

 impracticable if appeal to an international tribunal were provided 

 in all cases involving international law or treaty. 



65. Limitations Derived from Powers of the President. 



A treaty may delegate ministerial powers within the United 

 States but it may not deprive the President of rights, privileges, 

 or powers inherent or expressly granted by the Constitution. Some 

 of the proposed Senate reservations to the Treaty of Versailles 

 seemed to be unconstitutional as in certain circumstances they would 

 deprive the President of his veto/*^® of his power to direct the move- 

 ment of troops,^*"* of his power to conduct foreign negotiations in 

 person or through agents^ ^° and of his power to make interim 

 appointments.^^^ 



108 " Notice of withdrawal by the United States (from the League of 

 Nations) may be given by concurrent resolution of the Congress of the 

 United States," i.e., by a resolution not submitted to the President. Lodge 

 Reservations, No. i. See Wright, Col. Lazv Rev., 20: 128, and supra, sec. 62. 



109 " Congress . . . under the Constitution, has the sole power to declare 

 war or authorize the employment' of the military or naval forces of the 

 United States." Lodge Reservations, No. 2. " The President is made 

 Commander-in-Chief of the army and navy by the Constitution, evidently for 

 the purpose of enabling him to defend the country against invasion, t'o 

 suppress insurrection, and to take care that the laws be faithfully executed. 

 If Congress were to attempt to prevent his use of the army for any of 

 these purposes, the action would be void." Taft, Our Chief Magistrate, pp. 

 128-129. See also Wright, Col. Law Rev., 20: 134-136. 



110 " Until such participation and appointment have been so provided for 

 (i.e., by act of Congress) and the powers and duties of such representatives 

 have been defined by law, no person shall represent the United States under 

 either said League of Nations or the treaty of peace with Germany or be 

 authorized to perform any act for or on behalf of the United States there- 

 under." Lodge Reservation No. 7. This was somewhat modified in the 

 reservations as voted on March 19, 1920. With reference to the independent 

 powers of the President, the Senate Foreign Relations Committee reported 

 in 1894 '■ " Many precedents could be noted to show that such power has 

 been exercised by the President on various occasions without dissent on the 

 part of Congress. These precedents also show that the Senate of the United 

 States, though in session, need not be consulted as to the appointment of 

 such agents." (Cong. Rec, 2d Sess., p. 127, quoted Corwin, op. cit., p. 64.) 

 See also Wright, Col. Law Rev., 20: 136-137. 



^11 " No citizen of the United States shall be selected or appointed as a 

 member of said commissions, committees, tribunals, courts, councils or 

 conferences except with the approval of the Senate of the U. S." Lodge 



