The National Administration of the United States of America

By John A. Fairlie | Go to book overview

CHAPTER II
THE PRESIDENT--II

SPECIAL ADMINISTRATIVE POWERS

Turning now to those particular branches of administration where the constitution confers on the President special powers, we shall find that in these fields he has still more ample authority. Not only do the constitutional grants guard him from encroachment on the part of Congress, but they enable him at times to assume a large degree of legislative power.

Foreign Relations.1--By the constitution all foreign relations are entrusted either to the President alone, or to the President in connection with the Senate; and Congress as a whole has no control in these matters, except in certain instances to pass laws to carry out the provisions of treaties. Several distinct clauses of the Constitution deal with this subject. "He [the President] shall receive ambassadors and other public ministers accredited from foreign governments." "He shall nominate, and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls." "He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur." "All treaties made, or which shall be made under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

These powers may be differentiated into two main divisions: the power of communication and negotiation with foreign countries, which is under the complete control of the Presi-

____________________
1
Pomeroy, Constitutional Law, ch. 5, sec. 4.

-28-

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