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“It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations — a power which does not require as a basis for its exercise an act of Congress, but which, of course, exists as long as it is not contravened by any act of Congress.
The broad statement that the federal government can exercise no powers except those specifically enumerated in the Constitution, and such implied powers as are necessary and proper to carry into effect the enumerated powers, is categorically true only in respect of our internal affairs. In the field of international relations, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it.
 By: | Justice George Sutherland (more quotes by Justice George Sutherland or books by/about Justice George Sutherland) |
| (1862-1942) U. S. Supreme Court Justice |
Source: | United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936) |
Categories: | Immigration, Sovereignty, Constitution, Congress, President, Power, Senate |
Rating: |   |