Problems in American Democracy Part 76

508. ORIGINAL METHOD OF CHOOSING THE PRESIDENT.--The Federal Const.i.tution sought to protect the office of chief magistrate against popular pa.s.sion by providing for the indirect election of the President. According to the Const.i.tution, each state was to appoint, "in such manner as the legislature thereof may direct," a number of electors equal to the state's combined quota of senators and representatives in Congress. These electors were to meet, each group in its own state, and were to vote by ballot for two persons. These ballots were then to be transmitted sealed to Congress, where the President of the Senate was to open and count them in the presence of both houses. The person receiving the highest number of votes was to be declared President, while the individual obtaining the next highest number was to fill the office of Vice President.

509. CHANGES IN THE ORIGINAL METHOD OF CHOOSING THE PRESIDENT.--Three important changes have been brought about in the original method of choosing the President.

At the beginning of our national history, the state legislatures themselves chose the Presidential electors, but with the spread of democracy the legislatures gradually transferred the choice of these electors to the people. To-day Presidential electors are in every state chosen by popular vote, on a general state-wide ticket.

After the election of 1800 it became apparent that in order to prevent the candidate for Vice President from defeating the candidate for President, there would have to be a separate ballot for each of these officers. In 1804 there was accordingly pa.s.sed the Twelfth Amendment to the Const.i.tution, providing that Presidential electors should thenceforth cast separate ballots for President and Vice President.

Party politics have effected a third change in the original method of choosing the President. The Const.i.tution evidently intended that the Presidential electors should be men of high repute, and that they should select the nation's chief executive as the result of mature deliberation and independent judgment. But as early as the third Presidential election (1796) it became clearly understood that the electors would merely register the opinions of their const.i.tuents.

Technically the electors still choose the President; as a matter of fact they exercise no discretion, but merely express decisions previously reached by their respective const.i.tuents.

510. PRESENT METHOD OF CHOOSING THE PRESIDENT.--To-day the President of the United States is elected as follows:

Each political party nominates a candidate for the presidency at a national convention held in June or July of the presidential year. At about the same time the various parties in each state nominate the quota of presidential electors to which the state is ent.i.tled. The people vote on these electors on the Tuesday following the first Monday in November of each leap year. In each state the electors receiving a plurality a.s.semble at the state capitol on the second Monday in January following their election, and vote directly for President and Vice President. These votes are then certified and sent to the President of the Senate. On the second Wednesday in February, this officer opens them, and in the presence of the two houses of Congress, counts them, and declares elected the candidate who has received the majority of the electoral votes. If no candidate has a majority, the House of Representatives elects one of the three leading candidates, the Representatives from each state casting one vote. In 1800 and again in 1824, the presidential election was thus decided by the House.

511. QUALIFICATIONS.--All persons who are ent.i.tled to vote for the most numerous branch of the state legislature are ent.i.tled, likewise, to vote in presidential elections. [Footnote: For limitations upon the suffrage in the various states, see Chapter x.x.xIII, Section 415.]

No presidential elector may hold any office of trust or profit under the United States. By custom electors are also residents of the district from which they are chosen.

The President of the United States must be a natural-born citizen of the United States and must be at least thirty-five years of age. He must also have been a resident of the United States for fourteen years.

512. COMPENSATION.--The President's salary is determined by Congress, but the amount may be neither increased nor decreased for the existing presidential term. Between 1789 and 1873 the presidential salary was $25,000, and in 1873 it was increased to $50,000 a year. Since 1909 the President has received an annual salary of $75,000, plus an allowance for travelling expenses and the upkeep of the White House or Executive Mansion.

513. TERM AND SUCCESSION.--The President-elect is inaugurated on the 4th of March following his election, and serves until the 4th of March four years later. By custom, though not by law, he is limited to two terms.

The Const.i.tution provides that in case the President is removed by impeachment, death, resignation, or inability, his duties shall devolve upon the Vice President. In 1886 the Presidential Succession Act provided that in case of the inability of both President and Vice President the Cabinet officers shall succeed in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, and Secretary of the Interior. No Cabinet officer has ever succeeded to the Presidency, but Presidents Tyler, Fillmore, Johnson, Arthur, and Roosevelt were formerly Vice Presidents who ascended to the Presidency because of the death of the chief executive.

514. THE VICE PRESIDENT.--The Vice President of the United States is elected in the same manner and by the same electors as the President, with this exception: The failure of any Vice-Presidential candidate to receive a majority of the electoral votes permits the Vice President to be chosen by the Senate from the two candidates receiving the highest number of electoral votes. The qualifications for the Vice President are the same as for the President. The Vice Presidents salary is $12,000 a year.

Aside from the fact that he may succeed the President there is little to be said about the Vice President. He presides over the Senate, but he is not a member of that body. He can neither appoint committees, nor even vote, except in case of a tie. Vice Presidents have generally exerted little influence upon national affairs. During President Wilson's second term, neither the President's extended absence in Europe, nor his serious illness at home, operated to increase the influence of the Vice President. Under President Harding's administration, however, Vice President Coolidge was accorded considerable recognition, including the privilege of sitting in the President's Cabinet meetings.

B. DUTIES AND POWERS OP THE PRESIDENT

515. GENERAL STATUS OF THE PRESIDENT--The President of the United States acts as the head of the executive branch of government. Since the executive is independent of the other two branches, the President is subject to the control of neither legislature nor judiciary. The President cannot be arrested for any cause whatsoever. No ordinary court has jurisdiction over the Chief Magistrate, though misconduct may result in his being impeached by the Senate of the United States.

The President enjoys extensive powers, some of which are enumerated in the Const.i.tution, [Footnote: Article II] and others of which he has acquired by the force of custom. These powers are divisible into four groups, which may be discussed in the following order: War powers, powers with reference to foreign affairs, administrative powers, and legislative powers.

516. WAR POWERS OF THE PRESIDENT.--Section II of Article II of the Const.i.tution provides that the President shall be "commander-in-chief of the army and navy of the United States, and of the militia of the several states when called into actual service of the United States."

In pursuance of this power the President controls and directs the nation's military and naval forces, and appoints all army and naval officers. [Footnote: In time of war, the President may dismiss these officers at will; in time of peace, however, they are removed by court-martial.] The execution of the military law under which the army and navy are governed is also directed by the President. The President may call out the state militia, when in his judgment such action is necessary in order to suppress insurrection, repel invasion, or enforce the laws. In case of war with foreign countries, the President as commander-in-chief a.s.sumes full direction of hostilities.

So long as he acts within the bounds of international law, the President may do anything which he deems necessary to weaken the power of the enemy. In the exercise of this right President Lincoln blockaded the southern ports during the Civil War, suspended the writ of _habeas corpus_, declared martial law in many districts, and freed the slaves by proclamation. During the World War (1917-1921), the powers of President Wilson were greatly expanded. For the purpose of bringing the struggle with Germany to a successful termination, Congress conferred upon the President large powers of control over food, fuel, shipbuilding, and the export trade. The railway, telegraph, and wireless systems were taken over by the government under the President's war powers.

An important phase of the President's war powers is the const.i.tutional charge to take care that the laws be faithfully executed. Usually the administration of law is a peaceful process, but when the civil authorities are rendered powerless by persons defying Federal law, the President may use his military power to restore order. On three notable occasions the President has enforced the laws by the use or display of military force. In 1794 President Washington called out the militia of four states to suppress the Whiskey Rebellion. During the Civil War, President Lincoln resorted to military force to execute the laws. Again, in 1894, President Cleveland used regular troops to prevent railway strikers in Chicago from interfering with the Federal mails.

517. CONTROL OVER FOREIGN AFFAIRS.--The Const.i.tution vests in the President the power to negotiate treaties and conventions with foreign nations. In practice the President usually acts through the Secretary of State. During the process of negotiation it is customary for the President to consult with the Senate committee on foreign relations, as well as with the leaders of the senatorial majority. Such consultation is a wise step, because no treaty may become law unless ratified by the Senate.

The President receives diplomatic representatives from foreign countries. This is largely a ceremonial duty, but it may involve serious consequences. When the independence of a foreign country is in doubt, or when the representative of any nation is personally objectionable to our government, the President may refuse to receive the foreign representative. In case relations between this and a foreign country become strained, or in case the representative of a foreign power is guilty of misconduct, the President may request the withdrawal of, or may even dismiss, the foreign representative. This severance of diplomatic relations may lead to war.

The President has the further power to appoint diplomatic representatives to foreign countries. We send amba.s.sadors to the more important countries, ministers-resident to most countries, envoys extraordinary or ministers-plenipotentiary to several countries, and commissioners for special purposes. In the absence of the permanent diplomatic representative some minor officer takes temporary charge, and is known as the _charge d'affaires ad interim_. All of the President's diplomatic appointments must be confirmed by the Senate, but the President acting alone may remove any diplomatic officer. Such removal is at the pleasure of the President. The term of office enjoyed by diplomatic representatives is not fixed by law, but due to the influence of the spoils system, it often terminates when a new President a.s.sumes office.

Besides diplomatic officers, who are charged with political duties, our foreign service comprises various grades of consuls, or commercial representatives. The President and the Senate likewise choose consular officers, but from lists of persons who have qualified under the merit system. Promotion and removal are determined by Civil Service rules.

518. ADMINISTRATIVE POWERS OF THE PRESIDENT.--The chief administrative function of the President is to carry into effect the laws of the United States. In the discharge of this duty the President is aided by a large number of subordinate officials, who, directly or indirectly, are responsible to him as head of the administration.

Altogether there are more than half a million officials in the executive civil service of the United States.

Over the appointment of these numerous officers the President has a varying measure of control.

He alone appoints a few executive officials, such as his private secretary and the members of his Cabinet. The latter are nominally chosen by the President and the Senate, but in practice the Senate universally approves Cabinet appointments sent in by the President.

Officers in this first group may be removed only by the President.

The President and the Senate together select about 12,000 of the more important executive officers. These include diplomatic agents, Federal judges, most military and naval officers, collectors of customs and internal revenues, and many others. In the case of minor positions to be filled within a congressional district, the President usually confers with the Representative from that district, if that Representative is of the President's party. If such Representative is not of the President's party, the candidate for the position is really selected by the Senators from the proper state. [Footnote: Provided, of course, that these Senators belong to the same political party as the President. ] The more important positions in this group are filled by the Senators from the state in which the vacancy exists, the President ratifying such selections as a matter of course. Officers in this second group are removable only by the President.

More than 300,000 of the minor executive positions are now filled by the Civil Service Commission. Persons entering office through the merit system, may be removed only for a cause which will promote the efficiency of the service.

In addition to his administrative duties, the President has the power to grant reprieves and pardons for offenses against the United States, except in the case of impeachment. A pardon fully exempts the individual from the punishment imposed upon him by law; a reprieve, on the other hand, is simply a temporary suspension of the execution of a sentence.

519. LEGISLATIVE POWERS OF THE PRESIDENT.--Though primarily an executive officer, the President enjoys important powers over legislation.

The President may convene either or both houses of Congress on extraordinary occasions. For example, he may call an extra session of Congress to consider such questions as the tariff, currency reform, or a treaty.

The President has the right to send messages to Congress from time to time during his term. The recommendations contained in these messages exert some direct influence upon legislation, and are important in formulating public opinion outside of Congress.

Indirectly the President exerts a considerable influence upon legislation by bringing political pressure to bear upon the Congressional leaders of his party. He also exerts some influence upon legislation by the use of the patronage which accompanies his appointing power. This influence is important as breaking down the barriers between the executive and legislative branches of government.

The President may issue ordinances which have the force of law. As commander-in-chief of the army and navy, he may issue ordinances for their regulation. In pursuance of the duty to enforce the laws, the President may issue ordinances prescribing uniform means for the enforcement of the statutes. He may issue ordinances for specific purposes, as, for example, Congress in 1912 authorized the President to issue legislative ordinances for the government of the Ca.n.a.l Zone.

Very important is the President's veto power. The President may veto any bill or joint resolution pa.s.sed by Congress, with the exception of joint resolutions proposing Const.i.tutional amendments. But the President must veto the bill as a whole, and not particular items.

Even though vetoed by the President, a bill may still become law by being pa.s.sed by a two-thirds vote in each house of Congress. In spite of these restrictions, the President exerts a considerable influence upon legislation by the use of the veto, or by the threat that he will employ it. Most authorities regard the veto power as a wholesome check upon harmful and unwise legislation.

QUESTIONS ON THE TEXT

1. Describe the original method of choosing the President.

2. Outline the three important changes which have taken place in the original method of choosing the President.

3. Describe the present method of choosing the President.

4. What are the qualifications for Presidential electors? For President?

5. What is the compensation of the President?

6. What is the nature of the Presidential Succession Act?

7. Discuss the Vice Presidency.

8. Into what four groups may the powers of the President be divided?