POWER IN THE CONSTITUTIONAL SYSTEM. 225 



by the Constitution, which enumeration would be rendered super- 

 fluous by the theory, the fact that the states actually exercise some 

 powers which directly affect foreign relations, such as the protection 

 of domiciled aliens, the fact that certain constitutional limitations 

 such as those contained in the bill of rights are generally acknowl- 

 edged to limit the scope of treaty-making and other activities in 

 the control of foreign relations seem to indicate that the national 

 foreign relations power is neither implied from sovereignty, nor 

 exclusive, nor all-comprehensive, though it undoubtedly, very nearly 

 enjoys the two latter characteristics. The writer is not aware of 

 any judicial decision which requires the theory for support, and he 

 considers that certain judicial dicta, unquestionably supporting it, 

 are overborne by the repeated assertions of the Supreme Court 

 that the national government is a government of delegated power. 

 Consequently in the field of foreign relations as in other fields he 

 assumes that all national powers must be founded upon express or 

 implied delegation by the Constitution. 



73. Theory of Resultant Powers. 



However, powers may be implied as a " resultant " of a group 

 of express powers — it is not necessary that implied powers be traced 

 always to a single express delegation. 



" It is to be observed," said Chief Justice Marshall, " that it is not indis- 

 pensable to the existence of every power claimed for the Federal Government 

 that it can be found specified in the words of the Constitution, or clearly and 

 directly traceable to some one of the specified powers. Its existence may be 

 deduced fairly from more than one of the substantive powers expressly de- 

 fined, or from them all combined. It is allowable to group together any 

 number of them and to infer from them all that the power claimed has been 

 conferred." ^ 



Thus the power to recognize foreign states and governments may 

 be implied from the powers of receiving and commissioning diplo- 

 matic officers ; ^° the power to exclude and expel aliens may be 

 implied from the powers of regulating foreign commerce, natural- 



9 Cohens v. Va., 6 Wheat. 264 ; U. S. v. Gettysburg Electric Ry. Co., 160 

 U. S. 668, 681-683 (1896). See Willoughby, op. cit., p. 66, and Legal Tender 

 Cases, 12 Wall. 457, quoted ibid., p. 65. 



10 Corwin, The President's Control of Foreign Relations, p. 71. 



