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CHAPTER XVI.

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

PAGES 349-404.

SECTION

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

456—Degree of sovereignty retained by the people......

350

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

458—Plenary power restrained only by fundamental principles

on which government is based ....

352

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

termined ....

353

460—Treaties within the domain of the Political Departments of

the Government; effect of their action on Judiciary..... 353

Note on the control of foreign relations by the Execu-

tive, 357

461—Discussion interesting, but necessarily academic; use and

misuse of power...

361

462-Governmental checks on the treaty-making power..

364

463—Governmental procedure in making treaties ...

366

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,

369. IV. Protocols and diplomatic agreements, 370.

V. Reciprocal legislation and executive proclamation,

372.

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

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

Senate; amendments....

375

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 ...... 382

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

making power...

381

INDEX.

ANALYTICAL INDEX TO VOLUMES I AND II ARRANGED ACCORDING

TO SUBJECTS AND NAMES WITH REFERENCES TO PAGES ....533-to end

I. Preface ...

II. Table of contents of Volume I...

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

INTRODUCTION.

Views of the author on the treaty-making power of the United

States, and the method of its discussion as the subject-matter of

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

INSULAR CASES APPENDIX.

SYNOPSIS OF CASES AND DECISIONS AND ANALYSIS OF AUTHORITIES
CITED IN BRIEFS, ARGUMENTS AND OPINIONS...

459-585
Consult special index thereto....

461-464

PART III.

JUDICIAL DECISIONS AFFECTING THE TREATY-
MAKING POWER OF THE UNITED STATES, ITS
EXTENT AND APPLICATION.

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