242 WRIGHT— POWER TO MEET RESPONSIBILITIES. 



88. The Foreign Relations Department. Conclusion, 



In foreign affairs, therefore, the controlling force is the reverse 

 of that in domestic legislation. The initiation and development of 

 details is with the President, checked only by the veto of the 

 Senate or Congress upon completed proposals. In domestic legis- 

 lation on the other hand, the initiative and drafting of details is 

 with Congress, checked by the President's limited veto upon com- 

 pleted bills. In practice it seems possible to distinguish four great 

 departments of government, not only according to their functions, 

 but also according to their organization and methods. The legis- 

 lative power is vested in Congress with a limited presidential veto. 

 The foreign relations power is vested in the President with an 

 absolute senatorial or congressional veto. The executive power 

 is vested in the President acting independently within the limits of 

 detailed congressional legislation defining the power and procedure 

 of administrative officials. The judicial power is vested in the 

 courts acting independently within the narrowly defined limits of 

 procedure and jurisdiction defined by the common law and congres- 

 sional legislation. 



CHAPTER X. 



The Power to Meet International Responsibilities. 



89. The Law of International Responsibility. 



The principles determining the responsibility of states under in- 

 ternational law have not been fully formulated and such formula- 

 tion has proved difficult because of the divergencies of practice 

 which have sometimes resulted from differences in national power. 

 Borchard has given the best survey of the subject and the following 

 statement is based largely on his work.^ 



I. Acts of Government Organs. 



The state is responsible for tortious acts committed by executive, 



diplomatic, naval, military, and superior administrative officers of 



1 Borchard, Diplomatic Protection of Citizens Abroad, p. 177 et seq. 

 See also Hall, International Law (Higgins), pp. 226-232; Oppenheim, Int. 

 Law, i: sec. 148 et seq. For definition of "responsibility" see infra, sec. 141. 



