WRIGHT— POWER TO MAKE POLITICAL DECISIONS. 389 



the President has the power, in the absence of legislative enactment, to con- 

 trol the landing of foreign cables." 



Prohibition by Congress of the importation of particular goods, 

 such as lottery tickets, obscene literature, low grade teas, prize 

 fight films, etc., has also been resorted to as a protective measure and 

 has been sustained by the courts.'® Similarly the XVIII Amend- 

 ment has provided for the prohibition of the import or export of 

 alcoholic beverages. 



Treaties may require the prohibition of commerce in certain 

 articles but ordinarily legislation is necessary to execute such pro- 

 visions.'^'^ Thus the commerce in opium with Corea is prohibited 

 by article VII of the treaty of 1882 but express provision is made 

 that it " shall be enforced by appropriate legislation on the part of 

 the United States and of Chosen." 



According to international law, as applied by American courts, 

 trading with the enemy automatically becomes illegal by the dec- 

 laration of war, unless licensed by authority of Congress or the 

 President. But Congress has usually passed express acts prohibit- 

 ing such trade.''* 



220. Exclusion, Expulsion and Internment of Aliens. 



Finally as a defensive measure Congress has authorized the 

 exclusion and internment of alien enemies in time of war and the 

 exclusion and expulsion of aliens of defined classes and nationalities 

 in time of peace.'''' The power of Congress to pass such acts has 

 been sustained, in part under the commerce clause^" and in part 



^« Buttfield V. Stranahan, 192 U. S. 470 (1904); Weber v. Freed, 239 

 U. S. 325. 



''''Supra, sec. 59; infra, sec. 256. 



^s Trading with the Enemy Act, Oct. 6, 1917, 40 Stat. 411; Comp. Stat. 



■^9 Alien enemies, Rev. Stat., 4067, amended April 16, 1918; Comp. Staf., 

 sec. 7615 ; Chinese Exclusion and Expulsion, May 6, 1882, 22 Stat. 58, amended 

 1884, Comp. Stat., sec. 4290, and act Sept. 13, 1888, 25 Stat. 479, Comp. Stat., 

 4313; exclusion and expulsion of undesirable aliens, act Feb. 5, 1917, sees. 3, 

 18, 19, 39 Stat. 875, 887, 889, and act Oct. 16, 1918, 40 Stat., c. 186, sec. i, 

 Comp. Stat., 4289^. 



^° Head Money Cases, 112 U. S. 580. 



