Abstract
The purpose of this chapter is to consider the words of the Constitution, without reference to extrinsic sources, as a device to isolate and emphasize some of the existing and potential conflicts concerning powers for the regulation of foreign affairs. Some of these apparent incompatibilities have in the past been the source of sharp political battle, and if they remain unresolved they will produce similar and perhaps greater conflicts in the future. Very few of these conflicts have been resolved by case law, and at the past rate of settlement of the problems in this manner, a general reconciliation would require a long period of time indeed. Furthermore, resolution of the conflicts by adjudication presupposes much of the very conflict which it is desired to avoid. There remains the possibility, however, of the development of a legal theory, sufficiently convincing to authorities and publicists, that reconciles many of the otherwise apparent contradictions and thus prevents the arising of conflict. This work will pursue the realization of that possibility.
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