ated government
has ever sanctioned a principle so unwise, and so destructive of
national character."[359] Thus the right to determine the boundaries of
the country is a political function;[360] as is also the right to
determine what country is sovereign of a particular region;[361] to
determine whether a community is entitled under International Law to be
considered a belligerent or an independent state;[362] to determine
whether the other party has duly ratified a treaty;[363] to determine
who is the _de jure_ or _de facto_ ruler of a country;[364] to determine
whether a particular person is a duly accredited diplomatic agent to the
United States;[365] to determine how long a military occupation shall
continue in fulfillment of the terms of a treaty;[366] to determine
whether a treaty is in effect or not, although doubtless an extinguished
treaty could be constitutionally renewed by tacit consent.[367]

Recent Statements of the Doctrine

The assumption underlying the refusal of courts to intervene in such
cases is well stated in the recent case of Chicago & S. Airlines _v._
Waterman Steamship Corp.[368] Here the Court refused to review orders of
the Civil Aeronautics Board granting or denying applications by citizen
carriers to engage in overseas and foreign air transportation which by
the terms of the Civil Aeronautics Act[369] are subject to approval by
the President and therefore impliedly beyond those provisions of the act
authorizing judicial review of board orders.[370] Elaborating on the
necessity of judicial abstinence in the conduct of foreign relations,
Justice Jackson declared for the Court: "The President, both as
Commander in Chief and as the Nation's organ for foreign affairs, has
available intelligence services whose reports are not and ought not to
be published to the world. It would be intolerable that courts, without
the relevant information, should review and perhaps nullify actions of
the Executive taken on information properly held secret. Nor can courts
sit _in camera_ in order to be taken into executive confidences. But
even if courts could require full disclosure, the very nature of
executive decisions as to foreign policy is political, not judicial.
Such decisions are wholly confided by our Constitution on the political
departments of the government, Executive and Legislative. They are
delicate, complex, and involve large elements of prophecy. They are and
should be undertaken only by those