420 WRIGHT— POWER TO ESTABLISH 



any " international congress, conference or like event, without first 

 having specific authority of law to do so." ^^ 



Congress through its control of appropriations has been gaining 

 an increasing influence in regulating the grade, location and number 

 of offices in the permanent foreign service, and the President's 

 constitutional discretion in these matters has been seriously impaired. 

 The President has, however, retained his independence both of 

 Congress and of the Senate in the sending of special missions, and 

 the appointment of representatives on international organs. Al- 

 though the consular service has to a considerable extent been 

 brought under civil service regulations, the diplomatic service has 

 not for positions above that of Secretary. Appointments are re- 

 garded as political and the President exercises discretion, limited 

 by the legislation establishing the office and the need of senatorial 

 advice and consent. These services are subject to the direction of 

 the President, enforceable through his independent removal power.'^' 



243. Conclusion on Power to Conduct Foreign Relations. 



We conclude that under the Constitution the control of foreign 

 relations is given almost exclusively to the national government, 

 but it extends only so far as expressly or impliedly delegated. In 

 fact, this delegation has been almost, if not entirely complete, and 

 the constitutional limitations upon its exercise in defense of indi- 

 vidual rights, states rights and the rights and privileges of na- 

 tional organs of government are comparatively unimportant. Ad- 

 equate powers exist in the President, the treaty-making power, 

 Congress and the courts to meet all international responsibilities, to 

 make agreements of a genuinely international character, to make 

 decisions of international importance, and to carry out national 

 policies. But these powers have been distributed among independ- 

 ent organs. Is there a single principle underlying this distribution? 

 We believe there is. The President initiates, controls and con- 

 cludes, checked by the possibility of a Senate veto on permanent 

 international agreements and by a congressional veto upon national 

 decisions calling for positive action. 



'■^ Supra, notes 61, 72. 



^8 Report on the Foreign Service, jj(/)ra, note 55, pp. 21-31, 45, 65; 

 supra, sec. 230. 



