WRIGHT— CONSTITUTIONAL LIMITATIONS. 219 



stitutional government had so lapsed in vigilance as to present the 

 opportunity. Such acts can only be prevented by operation of the 

 political checks upon government.^ 



68. Alost Limitations Unimportant in Practice. 



Although in theory constitutional limitations apply to the organs 

 of government in the conduct of foreign relations, as well as 

 domestic affairs, yet in practice it is discovered that many limita- 

 tions, especially those for the protection of individual and states' 

 rights, are applicable only within American territory and hence 

 do not limit the exterritorial action of national organs.^ Further- 

 more, even when limitations are legally applicable, their enforce- 

 ment is apt to belong to the political departments of government 

 because of the disinclination of the courts to pass on " political 

 questions." ^° Obviously the political departments are more likely 

 to err on the side of an efficient exercise of national power than on 

 the side of an excessive regard for constitutional limitations. 

 Finally, even when such cases do come before the courts, they 

 show an unquestionable tendency to interpret limitations less rigor- 

 ously where foreign affairs are involved." ^^ " In the exercise of 

 its international and military power," says Freund, " the state is 

 freed from many of the restraints under which it must conduct the 

 peaceful government of its own citizens." ^^ Though this cati 

 hardly be accepted in constitutional theory, except as explained 

 above, undoubtedly, it is true in fact,^^ and for reasons thus ex- 

 plained by Hamilton : ^* 



" As the duties of superintending the national defense and of securing 

 the public peace against foreign or domestic violence involve a provision for 

 casualties and dangers to which no possible limits can be assigned, the power 



s Willoughby, op. cit., p. 504; Corwin, National Supremacy, pp. 302-308. 



^ In re Ross, 140 U. S. 453. 



^0 Foster v. Neilson, 2 Pet. 253 ; The Prize Case, 2 Black 635 ; Texas v. 

 White, 7 Wall. 700, Infra, sec. 107. 



11 Dillon's case, 7 Sawyer 561, Fed. Cas. No. 3914 (1854) ; Moore, Digest, 

 5 : 79 ; Supra, sec. 46. 



12 Freund, The Police Power, Chicago, 1904, p. 4. 



13 Note the long leash given to the military power during the Civil War 

 as compared with the law as subsequently stated in Ex Parte Milligan, 4 

 Wall. 2; Rhodes, History of U. S.. 4: 248 et seq. 



1* The Federalist, No. 31, Ford ed., p. 194. 



