The Treaty Making Power of the United States - Charles Henry Butler - Google Libros

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448-Exterritoriality; consular courts of foreign countries in the

United States..

449-The Elwine Kreplin, 1870; Wildenhus's Case, 1887.....

450-Exterritoriality; consular courts established by the United

States in foreign countries......

Notes by Davis and Haswell on Consular Courts and

Exterritoriality, 335; Note on Consuls, 336; Note on

Exterritoriality, 343.

451-Trial by jury not necessary in consular courts established

452-Consular courts sustained by Supreme Court in In re Ross,

1891; Justice Field's opinion..

453-Review of chapter.....

454-No treaty ever declared unconstitutional..

LIMITATIONS ON THE TREATY-MAKING POWER OF THE UNITED STATES,

455-Power must be limited as no unlimited powers exist...... 350

456-Degree of sovereignty retained by the people.

457-Treaty-making power and the States' Rights School....... 351

458-Plenary power restrained only by fundamental principles

on which government is based....

459-Limitations, if any, so far undefined and not judicially de-

460-Treaties within the domain of the Political Departments of

the Government; effect of their action on Judiciary..

Note on the control of foreign relations by the Execu-

461-Discussion interesting, but necessarily academic; use and

misuse of power....

462-Governmental checks on the treaty-making power.

463-Governmental procedure in making treaties ....

Note on forms of agreements with foreign powers, 367;

I. Treaties and conventions, 367. II. Declarations of

accession to existing treaties, 368. III. Modi Vivendi,

IV. Protocols and diplomatic agreements, 370.

V. Reciprocal legislation and executive proclamation,

464-Powers of, and checks upon, ministers plenipotentiary.... 373

465-Necessity of ratification by the Senate; procedure in the

Senate; amendments....

Note on The Hague Treaties of 1899, 376; extract from

James Bryce on the Senate as an executive and judi-

cial body, 378.

466-Congressional power over operation of treaties......

467-Diversity of opinions in regard to limitations on the treaty-

making power....

468-Views expressed by the Supreme Court in the License Cases. 383

469-Views in the Passenger Cases of 1849....

470-Both of above opinions obiter; no specific treaties involved. 385

471-Justice Swayne's earlier views expressed at Circuit....... 385

472-Justice Swayne's later views expressed in the Supreme Court,

Hauenstein vs. Lynham; The Cherokee Tobacco....

473-Justice McLean's views in Lattimer vs. Poteet..

474-Northeastern boundary controversy; views of Daniel Web-

ster and Chancellor Kent.......

Note on Settlement of boundary disputes with Great

475-Professor Woolsey's views on same subject....

476-Conclusions deduced from the settlement of this contro-

477-Argument of strict construction not applicable to Consti-

478-Gibbons vs. Ogden; Chief Justice Marshall's views on con-

stitutional construction ...

479 Justice Story's views on constitutional construction...

480 John Randolph Tucker's views on the limitation of the treaty-

making power......

481 John C. Calhoun's views on the treaty-making power, and his

forced admission of nationality of Central Government.. 399

482 Concluding remarks.....
401

TREATIES APPENDIX

CONTAINING A LIST OF TREATIES, CONVENTIONS, AGREEMENTS AND

PROTOCOLS WITH, AND PROCLAMATIONS AFFECTING, FOREIGN

COUNTRIES ARRANGED ALPHABETICALLY ACCORDING TO COUN-

Consult special index on pages 405-409.

INDEX.

ANALYTICAL INDEX TO VOLUMES I AND II ARRANGED ACCORDING
TO SUBJECTS AND NAMES WITH REFERENCES TO PAGES....533-to end

III. List of authorities referred to in Volumes I and II..

IV. Table of cases in Volumes I and II.....

Views of the author on the treaty-making power of the United
States, and the method of its discussion as the subject-matter of

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The nationality and sovereignty of the United States as evidenced
by acquisition of territory.

71-136

The nationality and sovereignty of the United States as recognized
by other sovereign powers.

137-190

HISTORICAL REVIEW OF THE TREATY-MAKING POWER OF THE UNITED

The treaty-making power as an attribute of sovereignty and as exer-
cised by Central Governments of confederated powers...... 191–234

Treaties, and the treaty-making power of the United States as exer-
cised prior to and under the confederation..

235-284

Proceedings of the constitutional convention of 1787 relating to
treaties and the treaty-making power of the Federal Govern-
ment....

285-338

Proceedings of the constitutional conventions of the several states,

in so far as they relate to the treaty-making power of the national

The treaty-making power as a factor in the great national debate

Opinion of publicists, historians and expounders of the constitu-
tion in regard to the extent and scope of the treaty-making power
of the Nnited States....

393-416

CHAPTER X.

PAGES OF VOL. I

The treaty-making power and the relations of both houses of Con-
gress thereto, as the same has been the subject of Congressional
debate and action....

417-458

PART III.

JUDICIAL DECISIONS AFFECTING THE TREATYMAKING POWER OF THE UNITED STATES, ITS EXTENT AND APPLICATION.

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