Opinion of Thomas, J.
ish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations,” and “[t]o declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.” Art. I, § 8. For his part, the President has certain express powers relating to foreign affairs, including the powers, “by and with the Advice and Consent of the Senate,” to “appoint Ambassadors,” and “to make Treaties, provided two thirds of the Senators present concur.” Art. II, § 2. He is also assigned certain duties with respect to foreign affairs, including serving as “Commander in Chief of the Army and Navy of the United States,” ibid., and “receiv[ing] Ambassadors and other public Ministers,” Art. II, § 3.
These specific allocations, however, cannot account for the entirety of the foreign affairs powers exercised by the Federal Government. Neither of the political branches is expressly authorized, for instance, to communicate with foreign ministers, to issue passports, or to repel sudden attacks. Yet the President has engaged in such conduct, with the support of Congress, since the earliest days of the Republic. Prakash & Ramsey, The Executive Power Over Foreign Affairs, 111 Yale L. J. 231, 298–346 (2001) (Prakash & Ramsey).
The President's longstanding practice of exercising unenumerated foreign affairs powers reflects a constitutional directive that “the President ha[s] primary responsibility—along with the necessary power—to protect the national security and to conduct the Nation's foreign relations.” Hamdi v. Rumsfeld, 542 U. S. 507, 580 (2004) (Thomas, J., dissenting). Specifically, the Vesting Clause of Article II provides that “[t]he executive Power shall be vested in a President of the United States.” Art. II, § 1. This Clause is notably different from the Vesting Clause of Article I, which provides only that “[a]ll legislative Powers herein granted shall be vested in a Congress of the United States,” Art. I, § 1 (emphasis added). By omitting the words “herein granted” in Article
