Studies in Civics Part 30

_Debate._

Resolved, That the president should be elected by a direct vote of the people.

Resolved, That the presidential term should be lengthened, and a second term forbidden.

SECTION II.--POWERS OF THE PRESIDENT.

_Clause 1.--Some Sole Powers._

_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 the actual service of the United States;[1] he may require the opinion, in writing, of the princ.i.p.al officer in each of the executive departments, upon any subject relating to the duties of their respective offices,[2]

and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.[3]_

[1] Elsewhere it is made the duty of the president to see "that the laws are faithfully executed." The execution of the law may sometimes require force, hence it seems proper that the command of the army should be vested in him. Again, an army may be necessary to defend the country. In order that it may act promptly and efficiently, it must be directed by one person; and the person whom we instinctively designate for the purpose is the president.

The possession of this power by the president is fraught with danger, however. Unless surrounded by proper checks, it might be used to overturn our system of government. But the president can hardly, as now situated, misuse this power. In the first place, the general rules for the management and government of the army are made by congress. In the second place, the army is supported by appropriations made by congress, and these are made for short periods. In the third place, congress could reduce or even abolish the army, if that step seemed necessary in defense of our liberties. In brief, the support and control of the army are in the hands of congress; the president merely directs its movements.

Thus far the president has never actually taken the field in command of the army; he has appointed military commanders, and has simply given them general directions, which they have carried out as best they could. At any time, however, if dissatisfied with the results, he may change the commander.

[2] The president cannot personally see to the carrying out of all the laws, and yet he is the one responsible for their execution. To a.s.sist him, the work is divided up into parts, and each part is placed in the hands of an officer appointed by the president (with the consent of the senate) and responsible to him. These persons const.i.tute what is known as the cabinet, and all but two have the t.i.tle secretary.

The one who keeps the originals of the public doc.u.ments, the great seal, and the public records, is called the secretary of state. He is to the United States somewhat as the clerk is to the district or town, or the auditor to the county. But in addition, he is the one who has charge of our relations with foreign countries. He is the one to whom you would apply for a pa.s.sport, if you were going to travel in foreign lands. He has an a.s.sistant and many subordinate officers. In this department are three bureaus, as they are called--the diplomatic, the consular, and the domestic. (For further information, see pages 321, 349, 350.)

The officer who has general charge of the receiving and paying out of money is called the secretary of the treasury. He has two a.s.sistants and thousands of subordinates, some in Washington and others throughout the country. Under his direction money is coined, "greenbacks" and other tokens of indebtedness are issued and redeemed. He also has general charge of all government provisions for making navigation safe along the coast, such as lighthouses, etc.

All that pertains to executive control of the army is in charge of the secretary of war. The chiefs of bureaus in this department are army officers. The secretary may or may not be. The military academy at West Point is also, as we might expect, in charge of this department. (See p.

311.)

The control of the navy is exercised by the secretary of the navy. The chiefs of bureaus here are navy officers. The secretary may or may not be.

This department has charge of the construction of war ships and the equipment of them; and, as we would expect it has charge of the naval academy at Annapolis (p. 311).

The department which has the greatest diversity of duties is that of the interior. This department has charge of patents and trade-marks, of pensions, of United States lands, of the Indians, of the census, and of education. Its chief officer is called the secretary of the interior. The chiefs of bureaus in this department, except that of the census, are called commissioners.

The chief officer of the postoffice department is called the postmaster general. Here there are five bureaus, in charge respectively of appointments, contracts, finances, money orders, and foreign mail.

The officer who has charge of prosecution or defense of suits for or against the United States is called the attorney general. He is to the United States what the county attorney is to the county. He has, of necessity, many a.s.sistants. All United States district attorneys and marshals act under direction of this department. He is also legal adviser of the government.

By an act approved February 11, 1889, the department of agriculture was established with appropriate duties a.s.signed to it.

The practice of holding regular cabinet meetings was begun by Jefferson, and has continued as a matter of custom and expediency ever since. The meetings are attended only by the president, his private secretary, and the cabinet. They are held for the purpose of consultation. The president may act upon the advice of his cabinet or not as he chooses.

The reports or opinions referred to in the provision of the const.i.tution now under consideration, are called for at least once a year and are transmitted to congress with the president's message. But they may be called for at any time.

Cabinet officers are not directly authorized by the const.i.tution, but provisions of this section seem to take it for granted that the president would have such a.s.sistants.

[3] This power extends to military offenses as well as to the criminal offenses of civilians.

The Supreme Court has decided that the president has power also to commute sentences; and that he may act in the matter at any time after the offense is committed, even before the trial. He may also stop proceedings in any criminal case prosecuted in the name of the United States.

The exception in case of impeachment was first made in England, to prevent the king from shielding his ministers. It is in our const.i.tution as a similar check upon the president.

_Clause 2.--Powers shared by the Senate._

_He shall have power, by and with the advice and consent of the senate, to make treaties, provided that two-thirds of the senators present concur;[1]

and he shall nominate and by and with the advice and consent of the senate, shall appoint amba.s.sadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not otherwise herein provided for, and which shall be established by law;[2] but congress may by law vest the appointment for such inferior officers as they may think proper, in the president alone, in the courts of law, or in the heads of departments.[3]_

[1] The "advice" of the senate is rarely, if ever, asked; but its "consent" must be had in order to make the treaties lawful.

For the mode of making treaties, see pp. 320, 350, 360.

The power to make treaties was confided to the president originally because it had been the custom for the executive to possess the treaty-making power. But it is defensible on other grounds. Some treaties need to be considered secretly. This could hardly be done if congress were the treaty-making power. But the president and the cabinet can consider the matter in secret. Then promptness is sometimes needed, as in case of a treaty to close a war. Promptness may prevent useless loss of life. If congress had to be summoned, valuable time would be taken. As two-thirds of the senators present must agree to the provisions of the treaty, the president cannot misuse the power granted in this provision.

When the treaty necessitates the raising of money, the house of representatives is generally consulted, also. In fact, if the house opposed such a treaty it is questionable whether it could be carried out.

In each of the three great purchases of territory the president consulted congress before making the purchase.

[2] The nominations are made in writing, and the senate may either confirm or reject the nominees. The person or persons confirmed are then appointed by the president. When a nominee is rejected, the president generally sends in a new nomination.

This mode of appointment is thus defended by Alexander Hamilton, in the _Federalist:_ "The blame of a bad nomination would fall upon the president singly and absolutely. The censure of rejecting a good one would lie entirely at the door of the senate; aggravated by the consideration of their having counteracted the good intentions of the executive. If an ill appointment should be made, the executive for nominating, and the senate for approving would partic.i.p.ate, though in different degrees, in the opprobrium and disgrace."

It will be noted in this connection that, while in the state most of the officers are elected, in the general government all officers except the president and vice-president are appointed.

In Washington's administration the question was raised, can the president remove officers without the consent of congress? And it was decided that the president can remove all officers whom he can appoint. Judges, who hold for life, are of course excepted. During Johnson's administration, the power of the president in this direction was declared to be exactly equal to his power of appointment,--that is, if the consent of the senate be necessary to an appointment, it would also be necessary for removal.

But afterwards the law was amended, so that now the president may suspend an officer until the end of the next session of the senate, and make a temporary appointment. If the senate does not at its next session confirm the nomination to fill the vacancy, the old officer is re-instated. But if the president is determined to carry his point, he may immediately suspend the old officer again, and re-appoint the rejected candidate, and continue so to do.

During the early administrations comparatively few removals were made, except where it seemed necessary for the improvement of the public service. But Andrew Jackson introduced into our politics the proposition, "To the victors belong the spoils;" which means that the party electing the president should have all the offices. This view of the case presents to every public officer the temptation to secure himself in place, not by meritorious service in the line of his duty, but by activity in the service of his party; the tendency is, to displace love of country and devotion to duty, and to subst.i.tute therefor subserviency to strong party leaders. So crying has the evil become, that many of the wisest and most patriotic men in the country are seeking to so far reform the public service that an officer may feel reasonably secure in his position so long as he performs his duties faithfully, and that vacancies shall be filled by the promotion of worthy subordinates.

[3] This is to secure two objects: first, to relieve the president of the burden of appointing thousands of such officers; and second, to place the appointment in the hands of the officers responsible for the work of these subordinates.

The princ.i.p.al officers thus appointed are:

1. Postmasters having salaries less than $1000 a year, appointed by the postmaster general.

2. Clerks, messengers, janitors, etc., in the several departments, appointed by the respective secretaries. The chiefs of bureaus and some of the more important officers in each department are appointed by the president with the consent of the senate.

3. The subordinates in each custom house, appointed by the collector thereof.

4. Clerks of United States courts, appointed by the judges. The United States district attorneys and marshals are appointed by the president, with the consent of the senate.

The term of appointees is four years, unless sooner removed. They may be and are removed, however, as before said, not only for unfitness, but also for political reasons.

_Clause 3.--Temporary Appointments._

_The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session._

This provision is necessary because the senate is not always in session, and it would not pay to convene it for the purpose of acting upon nominations every time a vacancy occurs. The president may wait, however, if the case will permit, until the next session of congress before making an appointment.

SECTION III.--DUTIES OF THE PRESIDENT.