Legislatures and Foreign Relations

Abstract

In a previous paper foreign relations as a phase of governmental activity were considered chiefly as an international phenomenon. Such relations were there discussed largely in their political bearing and some attempt was made to deduce from practice the considerations which affect foreign offices and the conditions encountered by diplomatic personnel. The problems of secrecy in negotiations and of secret treaties were examined and an effort made to indicate how much knowledge of both may be justifiably concealed. The present paper is a study of legislative control over foreign relations.Systems of legislative handling of foreign relations may be distinguished as of three types, which we may designate as the continental, the executive, and the American. The American type is characterized by an imposed agreement between the executive and legislative departments of government before treaties can become binding upon the state. The continental type is characterized by a less complete dependence of the executive upon the legislative department in respect to treaty ratification. The executive type is characterized by an almost complete independence of the executive respecting treaty ratification.All systems recognize definitely that the conduct of foreign relations is an executive function. None denies the patent facts that it is the place of the executive to speak and act for the state, and that, in all matters not definable as legislation, the minister can definitely bind the state. Innumerable decisions under all systems are reached by the department of foreign affairs without any but the executive branch of the government knowing anything of them until they are recorded facts.