Chapter XXXIX: Section 2: Powers and duties of the President 389

Clause 1. Commander in chiefship; opinions from heads of
departments; pardons 389
Commander in chiefship 389
Historical 389
Prize cases 390
Impact of the Prize cases on World Wars I and II 391
Presidential theory of the commander in chiefship in
World War II 392
Presidential war agencies 393
Constitutional status of Presidential agencies 394
West Coast Japanese 394
Act of March 21, 1942 395
Presidential government of labor relations 395
"Sanctions" 397
Constitutional basis of sanctions 397
Martial law and constitutional limitations 398
Martial law in Hawaii 400
Case of the Nazi saboteurs 401
War crimes cases 402
President as commander of the forces 403
Commander in chief a civilian officer 404
Presidential advisers 405
The Cabinet 405
Pardons and reprieves 406
Legal nature of a pardon 406
Qualification of above theory 407
Scope of the power 408
"Offenses against the United States"; contempt of court 408
Effects of a pardon: Ex parte Garland 409
Limits to the efficacy of a pardon 410
Congress and Amnesty 411
Clauses 2 and 3. Treaties and appointment of officers 412
Treaty-making power 412
President and Senate 412
Negotiation a Presidential monopoly 412
Treaties as law of the land 413
Origin of the conception 414
Treaty rights versus State power 415
Recent cases 417
When is a treaty self-executing; when not 417
Constitutional freedom of Congress with respect to
treaties 418
Treaty-making power and revenue laws 419
Congressional repeal of treaties 420
Treaties versus prior acts of Congress 421
Interpretation and termination of treaties as
international compacts 423
Termination of treaties by notice 423
Determination whether a treaty has lapsed 425
Status of a treaty a political question 426
Treaties and the "necessary and proper" clause 426
Constitutional limits of the treaty-making power:
Missouri _v._ Holland 428
Indian treaties 431
Present status of Indian treaties 432
International Agreements without Senate approval 433
Routine executive agreements 433
Law-making executive agreements 434
President McKinley's contribution 435
Executive agreements affecting Far Eastern Relations 436
International obligation of executive agreements 436
Litvinov agreement of 1933 437
United States _v._ Belmont 437
United States _v._ Pink; National supremacy 438
Hull-Lothian agreement, 1940 439
War-time agreements 440
Executive agreements by authorization of Congress 441
Reciprocal trade agreements 441
Constitutionality of trade agreements 442
Lend-Lease Act 443
President plus Congress versus Senate 443
Arbitration agreements 444
Agreements under the United Nations Charter 444
United Nations Participation Act 445
Executive establishment 445
"Office" 445
"Ambassadors and other public ministers" 445
Presidential diplomatic agents 447
Congressional regulation of offices 449
Conduct in office 450
The loyalty issue 451
Legislation increasing duties of an officer 452
"Inferior officers"; "employees" 452
Stages of appointment process 453
Nomination 453
Senate approval 453
When Senate consent is complete 453
Commissioning the officer 454
Recess appointments 455
Ad interim designations 455
Removal power; Myers case 455
"Nature of the office" concept 458
Humphrey case 458
Other phases of the removal power 459
Presidential aegis 460