Ethics in ServiceTaft, William H. (William Howard)
Philosophy
Ethics in Service
Taft, William H. (William Howard)
Legal ethics; Presidents -- United States; United States -- Politics and government
Another great power of the President is his control of our foreign
relations. In domestic matters, the Federal government shares every
field, executive, judicial and legislative, with the states, but in
foreign affairs, the whole governmental control is with the President,
the Senate and Congress. The states have nothing to do with it. The
President initiates a treaty and the Senate confirms it. The Senate,
however, cannot initiate a treaty, the President alone can do that.
Congress' powers to declare war and regulate our foreign commerce are
its chief powers in respect to our foreign relations. So that, except in
ratifying treaties, in regulating commerce and in declaring war, the
President guides our whole foreign policy.
Through the State Department he conducts all negotiation and
correspondence with other governments and according to the Constitution
he receives ambassadors and foreign ministers. Now you might possibly
think that that meant only that he must have a flunky at the White House
to take their cards--but it means a good deal more. He appoints
ambassadors and ministers to other countries and instructs them. He
receives the diplomatic representatives from other countries and does
business with them. He construes treaties and asserts the rights of our
government and our citizens under them. He considers and decides the
rights of other governments and their subjects in a way which
practically binds our government and people. And in order to receive
ambassadors and ministers, he must determine whether they have been
properly accredited, so that they have the proper authority to act for
the country they claim to represent.
When there is a dispute as to what person is the chief executive of a
foreign country and therefore entitled to send an ambassador or
minister, the President must decide it. In other words, he alone can
exercise the power of recognition. How important a power this is, we may
know from our recent experiences with Mexico, for President Wilson, by
withholding recognition from General Huerta, was able to render his
longer tenure as chief executive impossible.
In our foreign relations it is often the President's duty to formulate
the national claim of sovereignty over territory whose ownership is in
dispute. This is a political question and his decision or claim in
regard to it is taken as final by the Supreme Court.
In the Fur-Seal Controversy, Mr. Blaine took the position that our
jurisdiction reached out over the Bering Sea. The question was contested
in the Supreme Court by the British and the Canadian governments. The
Supreme Court said: "We cannot determine this. It is a political
question and must, therefore, be decided by the President through his
Secretary of State." We then submitted the issue to an international
tribunal, and the decision was against us.
Public-domain text, read in full here on John Shaqi.
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