276 WRIGHT— POWER TO MEET RESPONSIBILITIES. 



" In what we have here said we wish to be understood as leaving un- 

 touched the whole question of the treaty-making power over trademarks and 

 of the duty of Congress to pass any laws necessary to carry treaties into 

 effect." 



Finally in Missouri v. Holland the Supreme Court sustained the 

 migratory bird treaty with Great Britain and the act of Congress 

 to enforce it, although a similar act not based on treaty had shortly 

 before been held unconstitutional.** 



"If the treaty is valid," said Justice Holmes, "there can be no dispute 

 about the validity of the statute under Article i, sec. 8, as a necessary and 

 proper means to execute the powers of the government." 



It is clear that by the multiplication of treaties the power of 

 Congress may be extended into fields of criminal jurisdiction, 

 heretofore entirely within state control. 



119. General Empowering Statutes. 



Most of the acts of Congress referred to confer power upon 

 the President or other executive authority to take preventive meas- 

 ures and to use the military forces, but in addition general acts 

 as early as 1792 have conferred on the President power to call 

 forth the militia or use the army and navy " to execute the laws of 

 the union, suppress insurrection and repel invasion." *^ 



120. Sufficiency of Existing Legislation to Protect Resident Aliens. 

 It appears that Congress has enacted legislation to prevent: (i) 



offenses against diplomatic officers and other persons especially pro- 

 tected by international law; (2) offenses committed on the high 

 seas, especially piracy and violations of the international rules of 

 navigation; (3) offenses against neutrality; (4) offenses against the 

 sovereignty or territory of foreign nations, especially the counter- 

 feiting of their securities, conspiracy to destroy property within 

 their territory, and insurrection against them; (5) offenses relating 

 to international boundaries and (6) offenses against treaties, espe- 

 cially those suppressing international nuisances such as the slave 



** Missouri v. Holland, 252 U. S. 416 (1920). 



45 Acts May 2, 1792, Feb. 28, 1795, March 3, 1807, Jan. 21, 1903 (Dick 

 Act), and subsequent amendments, i Stat. 264, 424; 2 Stat. 443; 22 Stat. 776> 

 sec. 4; 35 Stat. 400; 38 Stat. 284. See also supra, sec. 125. 



