Occasional Papers And Addresses Of An American Lawyer by Henry Waters Taft

Occasional Papers And Addresses Of An American Lawyer

byHenry Waters Taft

Paperback | October 12, 2012

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...In Geofroy v. Riggs, Mr. Justice Field said: "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 that of the states. It would not be contended that it extends so far as to authorize what the Constitution forbids or a change in the character of the government or in that of one of the states or a cession of any portion of the territory of the latter, without its consent.... But with these exceptions it is not perceived that there is any limit to the questions which can be adjusted touching any matter which is properly the subject of negotiation with a foreign country." It is true that if a treaty and an act of Congress are "inconsistent the one last in date will control the other, provided always the stipulation of the treaty on the subject is self-executing." Field, J., in Whitney v. Robertson, 124 U. S., 190, 194; United States v. Lee Yen Tai, 185 U. S., 213, 220. But any question as to carrying treaties into effect has rarely arisen, since the House of Representatives has almost uniformly recognized the broad sweep of the treaty-making power and has promptly acted to enable the nation honorably to perform its treaty obligations. The matter has never been presented with reference to an obligation assumed in a treaty to levy war, but it may be safely asserted that the principle applicable to that situation would not be different from that applying to any other legislative power requiring for its exercise the action of the House of Representatives. It would be impossible in most cases to ascertain, before making a treaty, whether Congress...

Details & Specs

Title:Occasional Papers And Addresses Of An American LawyerFormat:PaperbackDimensions:88 pages, 9.69 × 7.44 × 0.18 inPublished:October 12, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217266894

ISBN - 13:9780217266895

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