The recognition by the United States of a status of belligerency, or the recognition of the sovereignty and independence of a foreign government are political acts, not subject to judicial review12 and are performed by the President. At times the claim has been made that this power of recognition is one to be exercised at the dictation of Congress, but precedents are against the claim.13 It is to be presumed, however, that when the recognition of a status of belligerency or of the independence of a revolutionary government is likely to institute a casus belli with some other foreign power, the President will be guided in large measure by the wishes of the legislative branch. Upon the other hand, it is the proper province of the Executive to refuse to be guided by a resolution on the part of the legislature if, in his judgment, to do so would be unwise. The legislature may express its wishes or opinions, but may not command.

12 See Chapter LI (Political Questions. 577. Political Questions).