INSTRUMENTALITIES FOR FOREIGN RELATIONS.' 441 



tional understanding which each organ of the government ought to 

 observe. The United States has insisted upon this principle in its 

 dealings with other nations.^^ Foreign nations have diplomatically 

 and judicially asserted it.'^ The Senate, the courts, the President 

 and text writers have maintained it at different times." It is diffi- 

 cult to see on what other principle the meeting of international re- 

 sponsibilities in good faith can be assured in a government of divided 

 powers, and if these responsibilities are not met it would seem that 

 the objects of the Constitution as stated in its preamble to which all 

 officers of the government are pledged under oath would be in 

 peril. Organs of government, says Pillet, must observe the more 

 fundamental obligations of international law " on penalty of expos- 

 ing the state to a responsibility which may paralyze its sovereignty 

 and put obstacles to the reign of its national law." ^'^ 



CHAPTER XIX. 

 The Control of Foreign Relations in Practice. 

 259. TJie Position of the President. 



Our study of the international and constitutional law governing 

 the conduct of foreign relations has brought out two facts. First, 

 that the President is the dominating figure. As the representative 

 authority under international law and as the authority with ex- 

 clusive power under constitutional law to communicate with foreign 

 nations he has the initiative in conducting foreign affairs. No less 

 significant, however, is the fact that the President does not have con- 

 stitutional power to perform many acts essential to a proper con- 

 ducting of foreign relations. ^Nlany of these powers are vested in 

 other departments of the government, coordinate with the Presi- 

 dent. In such cases he is obliged to rely on persuasion and the 



=3 Mr. Livingston, Sec. of State, to Mr. Serrurier, June 3, 1833, Wharton, 

 2: 67. 



5* French Conseil d'Etat, Dalloz, Juris. Gen., Rept. t. 42, s. v. Traite Int., 

 No. 131, Wright, Avi. Jl. Int. Law, 12: 94. 



^^ Supra, sees. 11, 39, 69. 



56 Pillet, Rev. Gen. de Droit hit. Pub., 5: 87. 



