Abstract
Having reviewed the historical and analytical evidence as it pertains to the foreign affairs powers in general, there remains the problem of considering more specifically the separate aspects or instruments of the foreign affairs powers. This chapter will focus on the most important of these, the treaty power. Its extent will be first considered, followed naturally by a closely related problem, its limitations. As other foreign relations powers may be used, attention will be given to the problem of the proper and required occasions for use of the treaty power. Some of these problems which are raised in regard to the treaty power will be considered as perhaps reconciled by a theory of the treaty power which places emphasis on the role of a Senator as a state’s representative with plenary powers. The methods of terminating treaties will then be briefly examined in order that the treaty power may be better reflected against the entirety of its constitutional setting.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
References
Jonathan Elliott, editor, The Debates in the Several State Conventions on the Adoption of the Federal Constitution, as Recommended by the General Convention at Philadelphia in 1787 (second edition; Philadelphia: J. B. Lippincott & Company, 1859), III, 363.
Noel T. Dowling and Richard A. Edwards, American Constitutional Law (Brooklyn: The Foundation Press, Inc., 1964), p. 2.
Irving Brant, James Madison: Father of the Constitution, 1787–1800 (New York: The Bobbs-Merrill Company, Inc., 1950), pp. 272–73
Lynford A. Lardner, “How Far Does The Constitution Separate Church and State?” The American Political Science Review, 45: 110–32, March, 1951.
Harold W. Stoke. The Foreign Relations of the Federal State (Baltimore: The Johns Hopkins Press, 1931), p. 64.
Charles Henry Butler, “Limitations on the Treaty-Making Power of the United States in Matters Coming Within the Jurisdiction of the States,” Proceedings of the American Society of International Law, 23: 178, April, 1929.
John Bassett Moore, Digest of International Law (Washington: Government Printing Offie, 1906), V, 78–81.
William W. Crosskey, Politics and the Constitution in the History of the United States (Chicago: University of Chicago Press, 1953), 2 Vols.
Edward S. Corwin, editor. The Constitution of the United States of America: Analysis and Interpretation (Washington: Government Printing Office, 1953), p. 684.
Robert H. Jackson, The Supreme Court in the American System of Government (Cambridge: Harvard University Press, 1955).
Green H. Hackworth, Digest of International Law (Washington: Government Printing Office, 1941), IV, 219.
Charles G. Fenwick, International Law (New York: Appleton-Century-Crofts, Inc., 1948), p. 435
A. J. P. Taylor, “Case for A Return to the Old Diplomacy,” The New York Times Magazine, March 18, 1951, p. 9
J. Merwyn Jones, Full Powers and Ratification: A Study in the Development of Treaty-Making Procedure (Cambridge: University Press, 1946), p. 12.
J. G. Randall, Constitutional Problems Under Lincoln (Urbana, Illinois: University of Illinois Press, 1951), pp. 6–7.
Charles C. Hyde, International Law Chiefly as Interpreted and Applied by the United States (Boston: Little, Brown and Company, 1922), 2 Vols.
Edward S. Corwin, The President: Office and Powers (third edition; New York: New York University Press, 1948), p. 238
Author information
Authors and Affiliations
Rights and permissions
Copyright information
© 1960 Martinus Nijhoff, The Hague, Netherlands
About this chapter
Cite this chapter
Byrd, E.M. (1960). The Treaty Power. In: Treaties and Executive Agreements in the United States. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-1073-8_6
Download citation
DOI: https://doi.org/10.1007/978-94-015-1073-8_6
Publisher Name: Springer, Dordrecht
Print ISBN: 978-94-015-0435-5
Online ISBN: 978-94-015-1073-8
eBook Packages: Springer Book Archive