made it absolutely necessary, in order to draw the line between the delegated and reserved powers, that the one or the other should be carefully enumerated and specified; and, as the former was intended to be but supplemental to the latter — and to embrace the comparatively few powers which could not be either exercised at all — or, if at all, could not be so well and safely exercised by the separate governments of the several States — it was proper that the former, and not the latter, should be enumerated and specified. But, although the treaty-making power is exclusively vested, and without enumeration or specification, in the government of the United States, it is nevertheless subject to several important limitations.
It is, in the first place, strictly limited to questions inter alias; that is, to questions between us and foreign powers which require negotiation to adjust them. All such clearly appertain to it. But to extend the power beyond these, be the pretext what it may, would be to extend it beyond its allotted sphere; and, thus, a palpable violation of the constitution. It is, in the next place, limited by all the provisions of the constitution which inhibit certain acts from being done by the government, or any of its departments — of which description there are many. It is also limited by such provisions of the constitution as direct certain acts to be done in a particular way, and which prohibit the contrary; of which a striking example is to be found in that which declares that, "no money shall be drawn from the treasury but in consequence of appropriations to be
