States _v._ Curtiss-Wright Corporation, with World War I a still recent
memory, took over bodily counsel's argument of 140 years earlier, and
elevated it to the head of the column of authoritative constitutional
doctrine. He said:

A political society cannot endure without a supreme will
somewhere. Sovereignty is never held in suspense. When,
therefore, the external sovereignty of Great Britain in
respect of the colonies ceased, it immediately passed to the
Union.... It results that the investment of the Federal
government with the powers of external sovereignty did not
depend upon the affirmative grants of the Constitution. The
powers to declare and wage war, to conclude peace, to make
treaties, to maintain diplomatic relations with other
sovereignties, if they had never been mentioned in the
Constitution, would have vested in the Federal government as a
necessary concomitant of nationality.[27]

In short, the power of the National Government in the field of
international relationship is not simply a complexus of particular
enumerated powers; it is an inherent power, one which is attributable to
the National Government on the ground solely of its belonging to the
American People as a sovereign political entity at International Law. In
that field the principle of Federalism no longer holds, if it ever
did.[28]


II

The Separation of Powers