POWER IN THE CONSTITUTIONAL SYSTEM. 241 



thority given him by Congress and sometimes he even supplements 

 legislation by instructions or regulations of a general character not 

 specifically authorized.^* But he must always act w^ithin the con- 

 fines of an ever-increasing mass of congressional legislation. 

 Congress has described the pov^ers of officials and the methods of 

 administration in considerable detail and the President, or rather 

 his subordinates, are forced by the courts to observe such legislation. 

 As legislation of this character increases in mass and detail, and as 

 the practices and methods of permanent services become fixed by 

 tradition as well as law, the President's discretion as head of the 

 administration becomes reduced. His functions in this capacity 

 tend to assume a purely supervisory and ministerial character. 



In foreign relations, however, the President exercises discretion, 

 both as to the means and as to the ends of policy. He exercises a 

 discretion, very little limited by directory laws, in the method of 

 carrying out foreign policy. He has moved the navy and the marines 

 at will all over the world. He has exercised a broad discretion in 

 issuing both standing regulations and instructions and special in- 

 structions for the diplomatic, consular, military and naval services. 

 Though Congress has legislated on broad lines for the conduct of 

 these services it has descended to much less detail than in the case 

 of services operative in the territory of the United States. In the 

 foreign affairs the President, also, has a constitutional discretion 

 as the representative organ and as commander-in-chief which can- 

 not be taken away by Congress and because of the exterritorial 

 character of most of his action, his subordinates are not generally 

 subject to judicial control. 



But more than this he has initiated foreign policies, even those 

 leading to treaties and those leading to war, and has generally 

 actively pushed these policies when the cooperation of other organs 

 of government is necessary for their carrying out. Though Congress 

 may by resolution suggest policies its resolutions are not mandatory 

 and the President has on occasion ignored them. Ultimately, how- 

 ever, his power is limited by the possibility of a veto upon matured 

 policies, by the Senate in the case of treaties, by Congress in the 

 case of war. 



3^ Goodnow, op. cit., pp. 47, 75. 



