WRIGHT— POWER TO MAKE POLITICAL DECISIONS. 393 



" upon what act of Congress then existing can any one lay his 

 finger in support of the action of the government in this matter." ^' 

 In view of these incidents and judicial endorsements, we may accept 

 Borchard's statement ; with the sole qualification that " the manner " 

 must not amount to a making of war : ^^ 



" Inasmuch as the Constitution vests in Congress authority ' to declare 

 war ' and does not empower Congress to direct the President to perform his 

 constitutional duties of protecting American citizens on foreign soil, it is 

 believed that the Executive has unlimited authority to use the armed forces 

 of the United States for protective purposes abroad in any manner and on 

 any occasion he considers expedient." 



The Constitution also guarantees the States a Republican form 

 of government and protection against invasion.^^ Furthermore the 

 right of national self-defense is recognized at international law and 

 the corresponding duty of the government has been asserted by the 

 Supreme Court : ^- 



" To preserve its independence and give security against foreign aggres- 

 sion and encroachment is the highest duty of every nation, and to attain these 

 ends nearly all other considerations are to be subordinated." 



Thus, if he considers such action essential for the enforcement of 

 acts of Congress and treaties and for the protection of the citizens 

 and territory of the United States, the President is obliged by the 

 Constitution itself to use his power as commander-in-chief to direct 

 the forces abroad, and this duty resting on the Constitution itself 

 cannot be taken away by act of Congress. Thus says President 

 Taft : ^^ 



89 In re Neagle, 135 U. S. i. 



»o Borchard, op. cit., p. 452. See also Root, address in Senate, Aug. 14, 

 1912, Cong. Rec, 48: 10929; Military and Colonial Policy of the United 

 States, 1916, p. 157. 



»i U. S. Constitution, Art. IV, sec. 4. 



92 Chinese Exclusion Cases, 130 U. S. 581 (1889). 



93 Taft, op. cit., pp. 128-129. See also Wright, Col Law Rev., 20: 135- 

 136, and Am. Jl. Int. Law, 12: 77; supra, sees. 125, 126, 151. By reduction 

 of the army and navy or refusal of supplies. Congress might seriously 

 impair the de facto power of the President to perform these duties, but it can 

 not limit his legal power as Commander-in-Chief to employ the means at 

 his disposal for these purposes. See Ex parte Milligan, 4 Wall. 2, stipra, 

 sec. 221. 



