Tag: Conduct of Foreign Relations
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Presidential Monopoly
The Presidential MonopolyWrote Jefferson in 1790: "The transaction of business with foreign nations is executive altogether. It belongs, then, to the head of that department, except as to such portions of it as are specially submitted to the Senate. Exceptions are to be construed strictly."…
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Presidential Policies
Congressional Implementation of Presidential PoliciesNo President was ever more jealous of his prerogative in the realm of foreign relations than Woodrow Wilson. When, however, strong pressure was brought to bear upon him by Great Britain respecting his Mexican Policy, he was constrained to go befor…
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Recent Statements of the Doctrine
Recent Statements of the DoctrineThe assumption underlying the refusal of courts to intervene in cases involving conduct of foreign relations is well stated in Chicago & S. Air Lines v. Waterman S.S. Corp.1 Here, the Court refused to review orders of…
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Right of Reception
The Right of Reception: Scope of the Power"Ambassadors and other public ministers" embraces not only "all possible diplomatic agents which any foreign power may accredit to the United States," 1 but also, as a practical constructi…
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Nonrecognition
The Power of NonrecognitionThe potentialities of nonrecognition were conspicuously illustrated by President Woodrow Wilson when he refused, early in 1913, to recognize Provisional President Huerta as the de facto government of Mexico, thereby contributing materially to Huerta's downfall the year…
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Power of Recognition
The Power of RecognitionIn his endeavor in 1793 to minimize the importance of the President's power of reception, Madison denied that it involved cognizance of the question, whether those exercising the government of the accrediting state had the right along with the possession. He said: "T…
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President's Diplomatic Role
The President's Diplomatic RoleHamilton, although he had expressed substantially the same view in The Federalist regarding the power of reception,1 adopted a very different conception of it in defense of Washington's proclamation. Writing und…
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Logan Act
The Logan ActWhen in 1798 a Philadelphia Quaker named Logan went to Paris on his own to undertake a negotiation with the French Government with a view to averting war between France and the United States, his enterprise stimulated Congress to pass "An Act to Prevent Usurpation of Executive Func…
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Formative Power
A Formal or a Formative PowerIn his attack, instigated by Jefferson, upon Washington's Proclamation of Neutrality in 1793 at the outbreak of war between France and Great Britain, Madison advanced the argument that all large questions of foreign policy fell within the ambit of Congress, by virtue…
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Jefferson
Jefferson's Real PositionNor did Jefferson himself officially support Madison's point of view, as the following extract from his "minutes of a Conversation," which took place July 10, 1793, between himself and Citizen Genet, show: "He asked if they [Congress] were not the sove…
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Cuba
The Case of CubaThe question of Congress's right also to recognize new states was prominently raised in connection with Cuba's successful struggle for independence. Beset by numerous legislative proposals of a more or less mandatory character, urging recognition upon the President, the Senat…
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Doctrine of Political Questions
The Doctrine of Political QuestionsIt is not within the province of the courts to inquire into the policy underlying action taken by the "political departments"- Congress and the President-in the exercise of their conceded powers. This commonplace maxim is, however, sometimes given an enla…