The Control of American Foreign Relations

Forside
Macmillan, 1922 - 412 sider
 

Innhold

The Representative Authority under International Law
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Cooper Matter of 22 N Y 67 97
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The President is the Representative Authority in the United States
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North Carolina 242
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ATTRIBUTES OF THE NATIONAL REPRESENTATIVE ORGAN UNDER INTERNATIONAL LAW A Sole Agency for Foreign Communication 1...
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National Organs of Government other than the President or His Representatives May Not Communicate
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Legislative Expressions of Opinion not of International Cognizance
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Selfconstituted Missions Forbidden
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Missions of de facto Governments Unofficially Received
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President Presumed to Speak for the Nation
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CONCLUSIVENESS OF THE ACTS AND UTTERANCES OF NATIONAL ORGANS UNDER INTERNATIONAL LAW A With Reference to the M...
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National and State Statutes 23 Acts of Subordinates to the President 38 40
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B With Reference to the Making of International Agreements 24 Foreign Nations Presumed to Know the Constitution 25 Signature under Authority o...
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Signature under Authority of the President
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Reservations Expressly Consented
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Reservations Tacitly Consented
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Exchange of Ratifications under Authority of the President 4I 4I 44 45 48
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Treaty Provisions ultra vires from Lack of Original Authority
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Treaty Provisions ultra vires from Operation of Constitutional Limitations
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Treaty Made Under Necessity 555
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With Reference to the Meeting of International Responsibilities 33 United States Bound by International Law and Treaties
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Decisions by the President
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Decisions by Subordinates to the President
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Decisions of International Organs Authorized by the President
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Meeting Responsibilities Distinguished from Making Agreements
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Interpretation of Treaties
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Understandings do not Require Forbearance in Pressing Inter national Claims 8E8 8
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PART III
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LIMITATIONS UPON STATe Powers 40 Position of the Foreign Relations Power under Constitutional Law
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Relation Between State and National Powers
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Constitutional Prohibitions of State Power
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Action of National Organs Limiting State Powers
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PRIVATE
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xix
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Effect upon Power to Make Decisions on National Policy
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72
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Elkinson V
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73
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The Sep
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Clark 143 U S 649
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B Effect on the Power to Make International Agreements
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Treaty Delegation of Power to International Organs
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Limitations Derived from Powers of the President
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Important Limitations from Separation of Powers
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PART IV
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THE POSITION OF THE FOREIGN RELATIONS POWER IN the ConstitUTIONAL SYSTEM A Source of National Powers 70 Distribution of Powe...
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Theory of Sovereign Powers
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Theory of National Sovereignty in Foreign Relations
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Theory of Resultant Powers
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B Essential Nature of the Foreign Relations Power 74 Controversy as to Nature of Foreign Relations Power
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Foreign Relations Power not Essentially Judicial
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Practice
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Early Opinion
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Practice
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Theory of a Fourth Department Different from Either Executive or Legislative
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Opinion of Theoretical Writers
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British and Colonial Precedents
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Opinion of the Constitutional Fathers
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Functional Classification
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The Foreign Relations Department
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The Law of International Responsibility
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State Power to Meet International Responsibilities
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National Power to Meet International Responsibilities
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Theory of Inherent Executive Power to Meet International Re sponsibilities
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Presidents Duty to Execute the Laws
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Power of the Courts to Meet International Responsibilities
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Power of Congress to Meet International Responsibilities
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Power to Meet International Responsibilities by Treaty
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THE POWER TO MEET INTERNATIONAL RESPONSIBILI
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Independent Administrative Agreements
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Observance of International Law by Military and Civil Services
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This Principle not Applicable to Cases Covered by Written Law
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Offenses Against Persons Protected by International
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Wolf 14 Iowa 228
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General Empowering Statutes
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Riggs 133 U S 258
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Enforcement by the President
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Enforcement by the Courts 128 Early Assumptions of Common Law Criminal Jurisdiction by Fed eral Courts
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Federal Courts have no Common Law Jurisdiction
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Federal Courts have no Criminal Jurisdiction from Treaties Alone
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Statutory Criminal Jurisdiction of Federal Courts
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Admiralty Jurisdiction of Federal Courts
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Civil Jurisdiction of Federal Courts in Cases Affecting Aliens
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Conclusion
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THE POWER TO MEET INTERNATIONAL RESPONSI BILITIES THROUGH PERFORMANCE OF NATIONAL OBLIGATIONS 135 Nature of T...
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A The Nature of National Obligations 137 Obligations Founded on International Agreement
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Obligations Founded on General International Law
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The Determination of Obligations
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Dr Bonhams Case 8 Co
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Justiciable and Nonjusticiable Questions
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The Obligation of Treaties and International Law
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Practice in Submitting Disputes to Arbitration
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Guarantees and Use of Military Force
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Participation in International Organization
228
Formal Amends in Reparation
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THE POWER TO MAKE INTERNATIONAL AGREE MENTS 156 Power of the States to Make Agreements with Consent of Congress
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Power of the States to Make Agreements Independently
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National Military Naval and Administrative Offices
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Power of the National Government to Make Agreements
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The Courts cannot make International Agreements
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Administrative Agreements under Authority of Act of Congress
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Administrative Agreements under Authority of Treaty 234
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Recent Practice
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The Validity of Administrative Agreements
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The Power to Make Military Agreements
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Armistices and Preliminaries of Peace
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Validity of Military Agreements
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Power to Make Diplomatic Agreements
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Diplomatic Agreements Settling Controversies
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Validity of Diplomatic Agreements
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B The Power to Make Treaties
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243
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The Subject Matter of Treaties 174 The Initiation of Treaties
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The Appointment of Negotiators 176 The Negotiation and Signature of Treaties
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Consent to the Ratification of Treaties
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The Ratification of Treaties 179 The Exchange of Ratifications
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The Proclamation of Treaties
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The Power to Terminate Treaties 181 Change in Conditions 182 Violation of Treaty by One Party
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Conclusion of New Treaty
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Denunciation by Congress
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Denunciation by the Treatymaking Power 186 Denunciation by the President 187 Legislative Abrogation 246 248 249 249 252 254 254 255 256 L ...
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Conclusion
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RECOGNITION ANNEXATION CITIZEN SHIP AND THE DETERMINATION OF POLICY 263 264 189 Distinction Between Domestic and Forei...
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State Power to Make Political Decisions in Foreign Affairs
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National Power to Make Political Decisions in Foreign Affairs
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192
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Limits of Recognition Power
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Exclusiveness of Presidents Recognition Power
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Claim of Congress to Recognition Power
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B The Power to Determine National Territory and Citizenship 196 Judicial Recognition of Territorial Limits
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Recognition of Territorial Limits by the President
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Power of Congress to Annex Territory
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Power of Congress to Naturalize Aliens and Establish Criteria of Citizenship 276 2775
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Power of Executive to Recognize Citizenship
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Power to Determine Foreign Policy 202 Congressional Resolutions on Incidents in Foreign Affairs
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President not Bound by Congressional Resolutions on Foreign Affairs
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Congressional Declarations of General Policy
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Power of the President to Determine Foreign Policy
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WAR AND THE USE OF FORCE A The Power to Make War 206 The Power to Make War
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The Recognition of War by Congress
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The Power to Recognize War
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The Power to Declare War
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The Power to Recognize the Termination of War
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B The Power to Use Force in Foreign Affairs 214 Diplomatic Pressure
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Display of Force
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Occupation and Administration of Territory
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Capture and Destruction of Foreign Military Forces
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Seizure and Destruction of Private Property
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268
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Commercial Pressure and Retaliation
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Exclusion Expulsion and Internment of Aliens
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Power to Employ Various Methods of Coercion
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Purposes for Which the President May Employ Force under the Constitution
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Durand
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Purposes for Which the President May Employ Force under Statute
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Conclusion
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1916
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Power to Determine Grades in the Foreign Service 235 National and International Political Officers and Agents 322
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I
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Controversies with Respect to Presidential Agents 241 Presidential Agent not an Officer 238 Power of President to Appoint Diplomatic Agents 239 Pr...
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324
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International Administrative and Judicial Agencies
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Conclusion on Power to Conduct Foreign Relations 333 334
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PART V
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UNDERSTANDINGS CONCERNING THE RELATIONS OF THE INDEPENDENT ORGANS 244 Reason for Constitutional Understandings
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A The Overlapping of Powers of Independent Departments 245 Constitutional Understanding Respecting the Overlapping of Powers
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Concurrent Powers of Treaty Power and Congress
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B Cooperation of Independent Organs 249 Constitutional Understanding Respecting the Cooperation of Inde pendent Organs 250 Decisions by the C...
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Acts of the President
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169
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Obligation of the Courts
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Duty of the Departments to
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Need of Centralization of Authority
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APPENDIX A Congressional Delegation of Power to Make
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Chinese Exclusion Cases 130
379
269
380
270
383
355
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Acts of Congress
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342
399
348
404
133
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Side 215 - Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration or judicial settlement.
Side 117 - If the Council fails to reach a report which is unanimously agreed to by the members thereof, other than the Representatives of one or more of the parties to the dispute, the Members of the League reserve to themselves the right to take such action as they shall consider necessary for the maintenance of right and justice.
Side 264 - If the dispute between the parties is claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.
Side 272 - That it is the duty of the United States to demand, and the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the island of Cuba and withdraw its land and naval forces from Cuba and Cuban...
Side 283 - Nothing contained in this convention shall be so construed as to require the United States of America to depart from its traditional policy of not intruding upon, interfering with, or entangling itself in the political questions of policy or internal administration of any foreign state; nor shall anything contained in the said convention be construed to imply a relinquishment by the United States of America of its traditional attitude toward purely American questions.
Side 17 - We are accepting this challenge of hostile purpose because we know that in such a government, following such methods, we can never have a friend; and that in the presence of its organized power, always lying in wait to accomplish we know not what purpose, there can be no assured security for the democratic governments of the world.
Side 221 - Granada, by the present stipulation, the perfect neutrality of the before-mentioned Isthmus, with the view that the free transit from the one to the other sea may not be interrupted or embarrassed in any future time while this treaty exists ; and in consequence, the United States also guarantee, in the same manner, the rights of sovereignty and property which New Granada has and possesses over the said territory.
Side 124 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.
Side 70 - There can be no greater error than to expect or calculate upon real favors from nation to nation. It is an illusion which experience must cure, which a just pride ought to discard.
Side 372 - Energy, the House Committee on Foreign Affairs, and the Senate Committee on Foreign Relations, as appropriate, currently informed with respect to the activities of the Agency and the participation of the United States therein.

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