Foreign Affairs
The last of the enumerated executive powers consists in the President's control over the foreign affairs of the nation. He appoints ambassadors, and negotiates treaties, which, however, must be sanctioned by two-thirds of the Senate. His reference to his own efforts to frame general arbitration treaties with France and Great Britain was loudly applauded. The effect of those treaties would be to define in explicit terms the subjects which the governments concerned would agree beforehand to submit to arbitration. When a dispute arose a joint court would immediately be set up to determine whether the case in question came under the scope of the treaties. But the U.S. senate did not care to surrender this prerogative, although its attitude seems inconsistent inasmuch as when it does submit to arbitration it necessarily delegates its authority to a board anyhow. It is useless to talk of an international police system, he pointed out, until you have a system of courts which will arrive at decisions deserving of enforcement.
Military Forces
He pointed out that owing to his control of the military forces, the Presidential power appeared superior to that of Congress of the Judiciary when the two come into conflict. But the latter enjoy a compensating advantage in their permanence, which enables them to have their way ultimately.
Other powers and rights of the executive are those to withhold, for the public welfare, information demanded by Congress, and also to decide purely political questions, as for instance whether a state government is duly constituted. Moreover, it, and not the Supreme Court, settles disputes as to territorial jurisdiction, as was shown when the right of American revenue cutters to arrest Canadian sealers trespassing in the Behring Sea was raised by Lord Salisbury in the Supreme Court.
Discretionary Power
Finally, he considered the extent and nature of the discretionary power of the executive. This had been subjected to various interpretations by different Presidents, some of whom took the view that the President could do anything he pleased provided it was not specifically prohibited by the Constitutuion or Congress. This extreme position, President Roosevelt had been disposed to act upon, and was sometimes led into rather arbitrary and super-arrogatory conduct to which Mr. Taft took good natured exception. To sum up, the power of the President was not excessive, in view of his need for prompt and vigorous action. He cannot proceed far in an illegal course without being pulled up by a hostile Congress. Indeed, the only danger lies in his being too polular, and with the blind and enthusiastic consent of the nation pushing to an extreme the authority which he possesses in virtue of his position as the peculiar and especial representative of a great democratic nation.
At the close of the lecture, Sir Edmund Walker moved a vote of thanks and President Falconer added a few fitting words by way of conclusion.
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