396 WRIGHT— POWER TO ESTABLISH 



Doctrine, the power, though often exercised, is more questionable,^''^ 

 and for the use of forces within the territory, even to meet inter- 

 national responsibilities, statutory authorization is generally advis- 

 able, though apparently not strictly necessary.^^* Finally, for the 

 purpose of bringing pressure upon foreign governments for polit- 

 ical objects, it is doubtful whether the President has constitutional 

 power to use force, although he may bring diplomatic pressure. For 

 political intervention, authorization by special resolution of Congress 

 seems proper and has been the usual practice. 



CHAPTER XVII. 



The Power to Establish Instrumentalities for Conducting 

 Foreign Relations. 



A. Constitutional Principles. 



225. The PoK'er of Congress to Create Offices and Agencies. 



The establishment of an instrumentality for conducting public 

 affairs involves two processes, (i) the creation of an office or 

 agency, by definition of its functions, procedure and privileges, (2) 

 the nomination, appointment and commissioning of a person or per- 

 sons to fill such office or agency. Since Chief Justice Marshall's 

 decision in McCulloch v. Maryland there has been no question but 

 that Congress has power to create instrumentalities " necessary and 

 proper " to give full effect to the powers delegated to any of the 

 departments of the government.^ 



" Let the end be legitimate, let it be within the scope of the Constitution, 

 and all means which are appropriate, which are plainly adapted to that end, 

 which are not prohibited, but consist with the letter and spirit of the Consti- 

 tution, are constitutional." 



This power extends not only to the creation of corporations but 



also to the organization of the executive and judicial departments 



i'53 Corwin, op. cit., p. 162. 



104 Supra, sec. 126. 



1 McCulloch V. Md., 4 Wheat. 316. 



