424 WRIGHT— UNDERSTANDINGS CONCERNING 



ing power which encroaches upon the constitutional powers of the 

 President or courts is of course unconstitutional and void. The 

 courts may so declare it, but it has been generally held that the 

 President is confined to the veto to invalidate unconstitutional legis- 

 lation. If an act has been signed by a predecessor, is passed over 

 his veto, or is signed by himself inadvertently, it is held that he must 

 obey it, even though the act is clearly unconstitutional, until such 

 time as the courts may declare it void." This principle is not, 

 however, extended to congressional acts affectimg the inherent 

 powers and the foreign relations powers of the President. Such 

 acts, if encroachments upon presidential powers, even though man- 

 datory in terms and formally valid, have been interpreted as merely 

 advisory and as leaving the President discretion to ignore them. 

 Thus, the President has ignored congressional acts and resolutions 

 prescribing conditions for the removal of administrative officers,^ 

 defining the grades of diplomatic officers,^ directing the negotiation 

 or modification of treaties,^" and formulating foreign policy." 



247. Concurrent Powers of the President and the Courts. 



The power of the President to settle international controversies 

 may, however, overlap the jurisdiction of the courts to settle private 

 controversies. The understanding that the authority taking prior 

 action should govern, has usually been applied in such cases. Thus 

 a German prize crew brought the British vessel Appam into an 

 American port, while the country was neutral. The original owner 

 promptly libelled the vessel in the United States District Court 

 and while the case was pending the German government sought, 

 through the Department of State, to have their claim submitted to 

 arbitration. Secretary Lansing replied in a note of April 7, 1916:^^ 



"^ Willoughby, op. cit., pp. 1306-1309. 



8 As President Johnson's refusal to accept the tenure of office act, for 

 which he was impeached, but not convicted. See also President Cleveland's 

 action in the Duskin case, Presidential Problems, 1904, p. 56, and Parsons v. 

 U. S., 167 U. S. 324. 



9 Gushing, Att. Gen., 7 Op. 186 ; supra, sec. 236. 

 i<> Crandall, op. cit., p. 74; supra, sec. 174. 



11 Supra, sec. 203. 



12 Department of State, White Book, European War, No. 3, p. 344- 



