It is not for the Congress to construe laws. That is a function of the courts. Anyone whose right under a treaty is invaded by Treasury regulations incompatible with the national obligation has his day in court. and if the Treasury regulation made by the Commissioner of Immigration is not in harmlony with a treatyif it deprives some one of a right in fact conferred upon him by the treatythe courts will say that. and the honor of the country will be saved by one of its Executive Departments. and that the one to which is committed by the Constitution that function. But if the Congress. whose duty is not to construe laws but whose duty it is to make laws. enacts into a statute regulations incompatible with a treaty. pro tanto it abrogates the treaty. That is the difference. and it is a wide difference.
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Immigration