RELATIONS OF INDEPENDENT DEPARTMENTS. 429 



ernment may involve a call upon the assistance of the other, the branch about 

 to take action should, if possible, first obtain indications of the other's 

 desires." ^^ 



" It is a general principle," says Finley-Sanderson, " that any valid act 

 done by either the legislative, executive or judicial branches of the govern- 

 ment is binding upon each of the others, and is not subject to be set aside by 

 either of them." ^o 



Each department of the national government may exercise 

 powers which will require the cooperation of one or more of the 

 other departments in carrying out. Such acts by the courts, the 

 President. Congress and the treaty-making power will be considered 

 in succession. 



250. Decisions by the Courts. 



Most decisions of the Federal Courts will be ineffective unless 

 the President enforces them. Undoubtedly to so enforce them is a 

 legal obligation of the President under his duty " to take care that 

 the laws be faithfully executed " and an attitude such as that taken 

 by President Jackson when he remarked : " John Marshall has 

 made his decision, now let him enforce it " is a violation of his 

 oath to the Constitution. ^^ He has no independent discretion as 

 to whether the court's decision was really a correct interpretation 

 of the Constitution and law. There is in this case no duty on the 

 part of the court to consider the President's probable attitude 

 before making its decision. On the contrary, the court ought to 

 apply the law impartially and irrespective of the views of the 

 political organs of government. 



Decisions of the Supreme Court which involve an interpreta- 

 tion of the Constitution, statutes, treaties or other laws of the 

 United States form precedents which by constitutional understand- 

 ing ought to be followed in future cases by all organs of the gov- 

 ernment. The political organs of the government in performing 

 acts within their discretionary powers may exercise independent 

 judgment as to the meaning of the Constitution, laws and treaties. 



19 Sen. Doc. 56, 54th Cong., 2d sess., p. 5- See also Hill, Present Prob- 

 lems in Foreign Policy, 1919, p. 171, and infra, sec. 256. 



20 Finley-Sanderson, The Executive, p. 217; Wright, Am. Jl. Int. Law, 

 12: 94; supra, sec. 6g. 



-1 Sumner's Jackson, p. 227. 



