434 WRIGHT— UNDERSTANDINGS CONCERNING 



state governments. Apparently the only ground on which a treaty 

 could be declared void would be that it dealt with a subject not 

 proper for international negotiation, a limitation so vague as to be 

 hardly capable of judicial application, or that it violated an express 

 or implied prohibition of the constitution.^^ Since a declaration of 

 unconstitutionality based on constitutional prohibitions would not or- 

 dinarily relieve the United States of international responsibility, the 

 courts have always attempted, heretofore with success, to reconcile 

 doubtful treaty provisions with the Constitution.'^ The courts cannot 

 consider voidable treaties void until the political departments have 

 acted. Thus, the Supreme Court required the extradition of an 

 American citizen to Italy under the treaty of 1871 even though 

 Italy had repeatedly violated the treaty by refusing to extradite 

 Italian citizens wanted by the United States. For the courts a treaty 

 is law from the date of its proclamation by the President until 

 announcement of its termination by the political departments of the 

 government, or its supercession by a conflicting treaty or act of 

 Congress. ^'^ 



254. Acts of the Treaty-Making Power: Obligation of the Pres- 

 ident. 



The President is legally bound by treaties the same as by acts of 

 Congress, whether they have been made by himself or his prodeces- 

 sors. He cannot modify them by agreements with the other party 

 without ratification by two-thirds of the Senate, though precedents 

 indicate that he may upon his own authority terminate them by 

 denunciation under the terms of the treaty itself .^^ In case the 

 treaty directs the President in such political matters as the negotia- 

 tion of another treaty, or the urging upon Congress or the States 

 of legislation, he retains his discretion and is constitutionally com- 

 petent to ignore such directions, though by an understanding of the 

 Constitution he ought to make honest efl^orts to carry out the 

 treaty. 



35 Supra, sees. 67, 68, 173. 

 3^ Supra, sec. 31. 

 3'^ Supra, sec. 182 et scq. 

 ^^ Supra, sees. 172, 186. 



