¹ U.S. Const. Art. 2, §2, cl. 2.

² 40 Cong. Rec. 1418 (1906).

³ 2 The Records Of The Federal Convention of 1787, at 183 (M. Farrand ed. 1911) [hereinafter Farrand] (Report of the Committee of Detail, Aug. 6, Art. 9, §1).

⁴ Id. at 392.

⁵ Id. at 473 (Journal). This committee will hereinafter be referred to as the Committee on Postponed Parts.

⁶ Id. at 495 (second report of the Committee on Postponed Parts, Sept. 4).

⁷ From having been Article 9, section 1, it was to become Article 10, section 4.

⁸ 2 Farrand, supra note 3, at 540–41, 547–50.

⁹ 9 James Madison, Papers 385 (R. Rutland ed. 1975) (Madison to Washington, Apr. 16, 1787).

¹⁰ 1 Farrand, supra note 3, at 21 (Resolution 7).

¹¹ Articles of Confederation and Perpetual Union, Art. 9, para. 1 (1781), in Documents Illustrative of the Formation of the Union of the American States 27, 31 (C. Tansill ed. 1927).

¹² 1 Farrand, supra note 3, at 64–66 (Madison’s notes).

¹³ Id. at 73–74 (William Pierce’s notes).

¹⁴ Id. at 70 (Rufus King’s notes).

¹⁵ Id. at 63–64 (Journal), 67 (Madison’s notes).

¹⁶ Id. at 70 (King’s notes).

¹⁷ See text infra at note 29.

¹⁸ 1 Farrand, supra note 3, at 282–93 (Madison’s report of the speech, its correctness vouched for by Hamilton). Cf. id. at 294–304 (extensive reports by Robert Yates and King).

¹⁹ Id. at 300 (Yates’s notes).

²⁰ Id. at 289–90, 292 (Madison’s notes).

²¹ Id. at 292.

²² Id. at 291.

²³ Id. at 524 (Journal, July 5); 2 id. at 13–14 (Journal, July 16); id. at 19–20 (Madison’s notes on a meeting of delegates from the larger states on the morning of July 17, “before the hour of the Convention”); id. at 25 (Madison’s notes on the regular session of July 17).

²⁴ The committee was created on July 23, “for the purpose of reporting a Constitution conformably to the Proceedings aforesaid.” Because it was to be a working committee, it was kept small. By a succession of Convention votes, its size was whittled down to five members from the original proposal of one member from each state. 2 id. at 85–87, 117–18, 128, 129–34.

²⁵ See text supra at note 3.

²⁶ 1 Farrand, supra note 3, at 422, 426.

²⁷ 2 id. at 392–94.

²⁸ Id. at 473.

²⁹ Id. at 495.

³⁰ Id. at 538.

³¹ Id. at 540, 544–50.

³² Id. at 540–41, 547–49.

³³ Id. at 540–41.

³⁴ Id. at 550. This was not quite the end of the revisionary process. On Sept. 8, the Convention appointed a committee of five “to revise the style of and arrange the articles agreed to by the House.” This Committee of Style came up on Sept. 12 with a reworded clause on treaties and appointments, and the Convention added another phrase 3 days later. So far as treaty making was concerned, there were no changes of substance. Id. at 547, 599, 628; U.S. Const. Art. 2, §2, cl. 2.

³⁵ U.S. Const. Art. 2, §3.

³⁶ See generally Bestor, Separation of Powers in the Domain of Foreign Affairs: The Original Intent of the Constitution Historically Examined, 5 Seton Hall L. Rev. 527, 541–43 (1974).

³⁷ Examples from colonial documents are printed in 1 Royal Instructions to British Colonial Governors, 1668–1776, at 45, 46, 82, 88; 2 id. at 696 et passim (L. Labaree ed. 1935).

³⁸ See the constitutions of South Carolina, Mar. 26, 1775 (Arts. 24, 25), in 6 The Federal and State Constitutions 3241, 3246–47 (F. Thorpe ed. 1909); Delaware, Sept. 21, 1776 (Art. 9), in 1 id. at 562, 564; and Maryland, Nov. 11, 1776 (Arts. 33, 48), in 3 id. at 1691,1695, 1699.