WRIGHT— LIMITATIONS UPON NATIONAL POWERS. 215 



The manner in which the power to make treaties must be 

 exercised in the United States does not affect the power of the 

 national government as a whole to make international agreements. 

 The distribution of power in making treaties between the President 

 and the Senate will be considered in a later chapter.^^^ Suffice it 

 to say here, that controversy has arisen over the power of the 

 President to negotiate treaties by agents to whose appointment the 

 Senate has not consented, to make executive agreements without 

 Senate consent, and to ignore directions of Congress in negotiation 

 and treaty making. 



C. Effect oil Potvcy to Make National Decisions. 



66. Alleged Encroachments. 



The doctrine of separation of powers does not limit the power 

 of the United States to make national decisions on international 

 questions. It does, however, limit the power of particular organs 

 to make such decisions. The details of this distribution of power 

 will be considered in a later chapter.^^^ A few of the contro- 

 versies which have arisen may be suggested here. 



Congressional resolutions recognizing foreign states or govern- 

 ments, expressing national sentiment or policy, directing the Pres- 

 ident in foreign policy, or ordering the detailed movement of troops, 

 have been alleged to encroach upon the President's exclusive power 

 in these matters. 



Congressional delegations of power to the President to decide 

 when the conditions, previsioned by statutes, actually exist, and 

 upon such decision to put legislative policies into effect by proclama- 

 tion have been questioned. 



Presidential proclamations of neutrality and war, and confisca- 

 tion orders in time of war, have been questioned as encroachments 

 upon the powers of Congress. 



Reservation No. 7 but eliminated in revision voted on March 19, 1920. 

 This conflicts with the constitutional provision : " The President shall have 

 power to fill up all vacancies that may happen during the recess of the 

 Senate, by granting commissions which shall expire at the end of their next 

 session." TI, sec. 2, cl. 3. See Wright, Col. Lazv Rev., 20: 138. 



^^^ Infra, chap. XIV. 



^^^ Infra, chap. XV. 



