364 WRIGHT— POWER TO MAKE POLITICAL DECISIONS. 



Congress may also naturalize persons by special act, as it has many 

 Indian tribes^^ and the Porto Ricans.^'"* 



From its power to naturalize is deduced the power to determine 

 criteria of expatriation. An act of 1868 " recognizes the natural 

 and inherent right of expatriation " and enacts that : ^* 



" Any declaration, instruction, opinion, order, or decision of any officers 

 of this Government which denies, restricts, impairs, or questions their right 

 of expatriation is hereby declared inconsistent with the fundamental prin- 

 ciples of this Government." 



Laws have also stated presumptions of expatriation of naturalized 

 citizens, such as two years residence in the country of origin or five 

 years residence in other foreign country. ^^ 



201. Power of Executive to Recognize Citizenship. 



Within the limits of these laws, the Executive, actually the De- 

 partment of State, must recognize the citizenship or alienage of per- 

 sons, in offering protection or responding to claims of foreign gov- 

 ernments in behalf of their citizens. The Executive may make 

 requirements with reference to passports and registration at con- 

 sulates in the place of residence and the evidence necessary to prove 

 citizenship.^*' Within the United States the question of citizenship 

 is ordinarily one for judicial determination, but immigrants claim- 

 ing citizenship may, under present laws, have the fact of 

 citizenship decided adversely and finally by administrative officials 

 without appeal to the courts. According to the Ju Toy case 

 these laws do not violate constitutional guarantees. ^^ 



C. Power to Determine Foreign Policy. 



202. Congressional Resolutions on Incidents in Foreign Affairs. 

 Declarations of foreign policy may be made by Congress in the 



form of joint resolutions, but such resolutions are not binding on 



52 Rev. Stat., sec. 2312, Act Feb. 8, 1887, sec. 6, 24 Stat. 390, as amended 

 in 1901 and 1906; Comp. Stat, sec. 3951. 



53 Act March 2, 1917, sec. 5, 39 Stat. 953 ; Comp. Stat., sec. 38o3bb. 

 ''^ Rev. Stat., sec. 1999; Comp. Stat, sec. 3955- 



55 Act March 2, 1907, sec. 2, 34 Stat. 1228. 



56 Borchard, op. cit., p. 488. 



5T U. S. V. Ju Toy, 198 U. S. 253 ; Willoughby, op. cit., p. 1290. 



