RELATIONS OF INDEPENDENT DEPARTMENTS. 433 



After the Civil War Congress actually provided for compensation 

 in certain cases or seizure and the amending power passed the 

 thirteenth amendment abolishing slavery .^- 



252. Acts of Congress. 



Congress when acting within its powers makes laws which legally 

 bind the courts and the President. The courts, as the official inter- 

 preters of the Constitution, may examine the competence of 

 Congress and refuse to apply unconstitutional statutes. The Pres- 

 ident, in his capacity as head of the national administration, has 

 not even this power."^ While acting as the representative organ 

 of the government in foreign relations, however, he has an inde- 

 pendent constitutional position, and is not subject to the direction of 

 Congress. Treaties are on a par with acts of Congress, conse- 

 quently while conducting negotiations with a view to treaty mak- 

 ing, the President is not bound to follow resolutions or directions of 

 Congress even though mandatory in terms. As a matter of con- 

 stitutional understanding Congress ought not to pass such resolu- 

 tions except with the consent of the President, and it has usually 

 followed this understanding. If such resolutions are passed, doubt- 

 less the President ought to follow them as a matter of constitutional 

 understanding, and he usually has. However, he is the judge of 

 the considerations which are likely to make negotiations successful 

 and retains his discretion in spite of congressional directions.^* 



253. Acts of the Treaty-Making Power. Obligation of the Courts. 

 The obligation of organs of government to aid in the carrying 



out of the undertakings of coordinate organs has been most dis- 

 cussed in connection with the execution of treaties. Treaties if 

 self-executing are of the same legal effect as acts of Congress and 

 bind the President and the courts in the same manner. The latter 

 may declare a treaty unconstitutional and void, but has never done 

 so. The treaty-making power covers a broader field than does the 

 power of Congress since it is given in full to the national govern- 

 ment while the legislative power is divided between national and 



^- Supra, sees. 216-218. 



33 Supra, sec. 246. 



3* Supra, sees. 203, 246. 



