Studies in Civics Part 28

Name the various state inspectors in this state. How are they paid? May a state impose taxes to defray its own expenses? What prohibitions apply to both the general and the state governments. Arrange all the prohibitions in tabular form, cla.s.sifying as indicated by Judge Story in the paragraph quoted.

CHAPTER XXIII.

ARTICLE II.--THE EXECUTIVE BRANCH.

It seems to us a matter of course that after the laws are made there should be some person or persons whose duty it should be to carry them into execution. But it will be remembered that under the confederation there was no executive department. The colonists had suffered from kingly rule, and in forming their first government after independence, they naturally avoided anything having the appearance of kingliness. After trying their experiment for some years, however, their "sober second sense" told them that the executive branch is a necessity, and when the convention a.s.sembled to "revise the articles of confederation" (as they at first intended to do) one of the things upon which there was practical unanimity of opinion was the necessity of having the government organized into three branches, or, as they are sometimes called, departments.

The question in regard to the executive branch was how to organize it, so as to secure two chief qualities; namely, energy of execution and safety to the people. The former was fully appreciated, for the weakness of execution during the confederation period, or the lack of execution, had impressed upon all thinking persons the necessity of more vigor in carrying out the laws. The experience during colonial days emphasized the necessity of surrounding the office with proper safeguards. And among those intrusted with the organization of a scheme of government, were many who were well versed in history--men who knew that the executive branch is the one in which lies the menace to human liberty. Under these two main divisions of the problem, arose such questions as: How many persons shall const.i.tute the executive? What shall the term be? How shall the executive be chosen? What powers, other than those which are purely executive, shall be vested in this branch? How shall this branch be held responsible, without crippling its efficiency?

How well the problem was solved, we shall find out in our study of the provisions of the const.i.tution pertaining to this branch.

SECTION I.--ELECTION AND SERVICE.

_Clause 1.--Vestment of Power._

_The executive power shall be vested in a president of the United States of America.[1] He shall hold his office during the term of four years,[2]

and together with the vice-president,[3] chosen for the same term, shall be elected as follows:_

[1] This sentence answers the question, "How many persons shall const.i.tute the executive?" and gives the official t.i.tle thereof.

The executive authority is vested in one person for two chief reasons: To secure energy in execution, and to impose upon the executive a sense of responsibility. If the executive power were vested in a number of persons, the differences and jealousies sure to arise, and the absence of responsibility, would result in a feeble administration, which is but another name for a bad administration.

[2] The term first reported by the committee of the whole was seven years, with the provision forbidding re-election. Some of the delegates were in favor of annual elections, while others thought that the executive should be elected for life or good behavior. And other terms, varying from two to ten years, had their advocates. After much discussion, the term of four years was agreed upon as a compromise, and no limitation was put upon the number of terms for which a person might be elected.

In another place it is made the duty of the president to recommended to congress such measures as he deems necessary for the good of the country.

He should, therefore, have a term long enough to fairly test his "policy"

and to stimulate him to personal firmness in the execution of his duties, yet not so long as to free him from a sense of responsibility. It was thought that a term of four years would cover both of the conditions mentioned.

[3] The purpose of having a vice-president is to provide a successor for the president in case of his disability or death.

CHOOSING THE PRESIDENT AND VICE-PRESIDENT.

_Clause 2.--Number and Appointment of Electors._

_Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be ent.i.tled in the congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector._

Three plans for the election of president and vice-president were proposed: First, election by congress; second, election by the people; third, election by persons chosen by the people for that special purpose.

The objection to the first plan was, that it would rob the executive branch of that independence which in our plan of government it is designed to possess--it would render the executive branch in a measure subordinate to the legislative.

The objections to the second plan came from two sources. Some of the delegates feared that, inexperienced as they were, the people could not be trusted to act wisely in the choice of a president--that they would be swayed by partizan feeling, instead of acting with cool deliberation. And the small states feared that in a popular election their power would count for little.

Then the compromise in the organization of the congress was remembered, and it was resolved that the election of the president and vice-president should be placed in the hands of persons chosen for that special purpose, and that the number of the electors from each state should be that of its representation in congress. This satisfied both parties. Those who thought that the people could not be intrusted with so important a matter as the choice of the president, hoped that this mode would place the election in the hands of the wise men of the several states. And the delegates from the small states secured in this all the concession which they could fairly ask.

This matter being settled, the next question was: How shall the electors be chosen? There being much difference of opinion on the subject, it was thought best to let each state choose its electors in the way which it might prefer.

Naturally the modes of choosing electors varied. In some states the legislature chose them, but this mode soon became unpopular. [Footnote: South Carolina, however, retained this mode until very recently.] In some states they were chosen by the people on a general ticket, and in others, by the people by congressional districts. The last is the fairest way, because it most nearly represents the wishes of the people. By electing on a general ticket, the party which is in the majority in any state can elect _all_ of the electors. But, for this very reason, the majority in each state has finally arranged the matter so that this is now the practice in nearly all the states.

The present system of nominations and pledged electors was undreamed of by the framers of the const.i.tution. They intended that in the selection of the president each elector should be free to vote according to his own best judgment. But it has come to pa.s.s that the electors simply register a verdict already rendered. Briefly the history of the change is this: During the administration of Washington (who had been elected unanimously) differences of opinion on questions of policy gave rise to political parties. To secure the unity of action so essential to success, the leaders of the respective parties, by agreement among themselves, designated, as each election approached, persons whom they recommended for support by electors of their party. Gradually the recommendation came to be looked upon as binding. In 1828 the Anti-Masonic party, having no members of congress to act as leaders, held a "people's convention." Its nominees received a surprisingly large vote. The popularity of this mode of nomination thus appearing, the other parties gradually adopted it, and since 1840 it has remained a recognized part of our political machinery.

_Clause 3.--Election of President and Vice-President._

_The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and the number of votes for each; which list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them president, and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the president. But in choosing the president, the vote shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors, shall be vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice-president._

Under this provision Washington was elected president twice and Adams once. In the disputed election of 1800, it was found that this mode would not do. The faulty feature in the plan is found in the first sentence, which requires the electors to vote for two persons for president. In this election, Jefferson and Burr, candidates of the same party, received the same number of votes and each had a majority. The power to choose then devolved upon the house of representatives. There were at that time sixteen states, and consequently sixteen votes. Of these Jefferson received eight, Burr six, and the remaining two were "scattering." As it required nine votes to make a majority, no one was elected. The balloting was continued for seven days, thirty-six ballots being taken. On the thirty-sixth ballot Jefferson received ten votes to four for Burr.

Jefferson thus became president and Burr vice-president. But the consequent bitterness of feeling was much regretted, and it was determined to change, slightly, the mode of election. The changes consisted in having the electors vote for one person for president and for a different person for vice-president; and when the election is thrown into the house of representatives, the selection is to be made from the _three_ highest instead of the _five_ highest as originally. The change was made by the twelfth amendment, pa.s.sed in 1804, which is here given in full.

_The Twelfth Amendment._

_The electors shall meet in their respective states and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for president shall be president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March, next following, then the vice-president shall act as president, as in the case of the death or other const.i.tutional disability of the president._

_The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list the senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person const.i.tutionally ineligible to office of president shall be eligible to that of vice-president of the United States._

Thus we see that the president may be elected in one of two ways--by electors or by the house of representatives; and that the vice-president may also be elected in one of two ways--by electors or by the senate.

The mode of choosing the president is regarded by many as difficult to remember. Perhaps making an outline like the following will aid the memory:

_First Mode or Process._

I. The electors, after they are chosen: 1. MEET in their respective states.

2. VOTE by ballot, for president and vice-president.

3. MAKE LISTS of the persons voted for and the number of votes for each.

4. SIGN, CERTIFY and SEAL those lists.

5. TRANSMIT them to the seat of government, addressed to the president of the senate.

II. The president of the senate: 1. OPENS the certificates, in presence of both houses.

2. DECLARES THE RESULT, after the votes have been counted.

_Second Mode or Process._

Points-- President-- Vice-President-- Chosen by.......... House of Representatives The Senate.

From............... Three highest. Two highest.

Voting............. By ballot. By ballot.

State power........ Each one vote. Each two votes.

Quorum............. Representatives from Two-thirds of senators.

two-thirds of the states.

Necessary to choice Majority of states. Majority of senators

The place of meeting is usually the capital of the state.

Three "lists" of the vote for president and three for vice-president are prepared, and "signed, certified and sealed." One pair of these lists is sent by mail and another by special messenger. The third is deposited with the judge of the United States District Court in whose district the electors meet, to be called for if necessary. The purpose of these precautions is to make sure that the vote of the state may not be lost, but shall without fail reach the president of the senate.