WRIGHT— POWER TO MEET RESPONSIBILITIES. 251 



have originated in a constitutional exercise of power by some organ 

 of the national government, either through positive action or tacit 

 recognition. Thus responsibilities founded on treaty originate in a 

 valid act of the treaty power, responsibilities founded on arbitral 

 decisions originate either in a valid act of the treaty power or of 

 the President, responsibilities founded on general international law 

 originate in the tacit acceptance of that law by the terms of the Con- 

 stitution-^ and by the President in continuing membership in the 

 family of nations, as evidenced through the continued exchange of 

 diplomatic officers. ^"^ In providing for carrying these powers into 

 execution, therefore, Congress would be providing for meeting the 

 international responsibilities they created. Thus if the President or 

 the Courts are unable properly to meet any international respon- 

 sibility it is not from a defect in the Constitution, but from failure 

 of Congress fully to exercise its powers under the " necessary and 

 proper " clause. Congress has in fact enacted many laws whose 

 purpose is the enforcement of international law and treaty. ^^ It has 

 never failed to make an appropriation when called for by treaty 

 and has often made appropriations to satisfy claims based on inter- 

 national law as determined by diplomatic correspondence or arbi- 

 tration. ^- 



96. Power to Meet International Responsibilities by Treaty. 



An international responsibility may occasionally require conclu- 

 sion of a treaty. Suffice it to say that the President, acting with 

 advice and consent of two-thirds of the senate, is authorized to make 

 treaties on all subjects suitable for international agreement.^^ 



29 Willoughby, op. cit., p. 1018, and Am. Jl. Int. Law, 2: 357. 



30 Maine, Int. Law, pp. 37-38, quoted in Moore, Digest, L : 7. 

 ^"^ Infra, sees. 112-118. 



32 Infra, sec. 149. 



33 Infra, sec. 173. 



