IV. MILITARY POWERS IN CONGRESS.
Section 8, Clauses 11, 12, 13, 14.To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years.
To provide and maintain a navy.
To make rules for the government and regulation of the land and naval forces.
The Army.—Americans are always impressed by the military spirit so prevalent in European nations. Compared with the standing army of Germany, which has some 700,000 men, and with that of Russia, containing 1,000,000 men, or with that of most European nations, our army is insignificant in size. According to a law of 1901, the army of the United States cannot contain more than 100,000 men.[33]
Fortunately, there has always existed in the United States the desire to keep the standing army from becoming unduly large. The Constitution itself indicates that appropriations for the army shall not be for a longer time than two years. At the end of this period, the people may check the growth of the army through the election of representatives opposed thereto.
Officers and Classification of the Army.—The President is,ex officio, commander-in-chief of the army and navy of the United States. The office of general was created, by Congress, March 3, 1799, but was not filled. It was revived in 1866 for General Grant, General Sherman succeeding to the title in 1869. The same rank was bestowed on General Sheridan in 1888. The lieutenant-general is next in rank to the general. The army is distributed geographically as follows: Division of the Philippines and the Departments of California, of the Colorado, of the Columbia, of Dakota, of the East, of the Lakes, of the Missouri, and of Texas. The division is in charge of a major-general, and the departments are each in charge of a major-general or of a brigadier-general. The commands which correspond to each grade are: major-general, four regiments; brigadier-general, two regiments; colonel, one regiment; lieutenant-colonel or major, a battalion or squadron; captain, a company. As now organized, infantry regiments consist of 12 companies, of 65 men each. Cavalry regiments contain 12 troops, each having 65 enlisted men.
Officers and Classification of the Army.—The President is,ex officio, commander-in-chief of the army and navy of the United States. The office of general was created, by Congress, March 3, 1799, but was not filled. It was revived in 1866 for General Grant, General Sherman succeeding to the title in 1869. The same rank was bestowed on General Sheridan in 1888. The lieutenant-general is next in rank to the general. The army is distributed geographically as follows: Division of the Philippines and the Departments of California, of the Colorado, of the Columbia, of Dakota, of the East, of the Lakes, of the Missouri, and of Texas. The division is in charge of a major-general, and the departments are each in charge of a major-general or of a brigadier-general. The commands which correspond to each grade are: major-general, four regiments; brigadier-general, two regiments; colonel, one regiment; lieutenant-colonel or major, a battalion or squadron; captain, a company. As now organized, infantry regiments consist of 12 companies, of 65 men each. Cavalry regiments contain 12 troops, each having 65 enlisted men.
The Navy.—We are told by competent authorities that one of our best means of preserving peace with foreign powers is to maintain a strong navy. This has become much more necessary since the United States has begun to acquire insular possessions. Although the construction of the modern American navy was not begun until 1883, there has been a notable advance within the past few years. In 1910 it was estimated that our navy is excelled in strength only by that of Great Britain. Congress, in 1910, continued the policy of "adequate preparation" by authorizing the construction of two battle-ships a year.
Names of Vessels.—A ship of the first class is given the name of a State; one of the second class that of a principal city or river, and the names for ships of the third class are selected by the President. The navy now contains 312 vessels.Officers in the Navy.—The titles admiral and vice-admiral, corresponding to the grades of general and lieutenant-general in the army, were created by act of Congress to be bestowed on the following men as recognition for distinguished services during the Civil War: Admirals Farragut and Porter; and Vice-Admirals Farragut, Porter, and Rowan. Admiral Dewey was granted his title by a special Act of Congress after the Battle of Manila. The officers of the navy ranking with major-generals, brigadier-generals, colonels, and so on, in the army, are rear-admirals, commodores, captains, commanders, lieutenant-commanders, lieutenants, masters, ensigns.
Names of Vessels.—A ship of the first class is given the name of a State; one of the second class that of a principal city or river, and the names for ships of the third class are selected by the President. The navy now contains 312 vessels.
Officers in the Navy.—The titles admiral and vice-admiral, corresponding to the grades of general and lieutenant-general in the army, were created by act of Congress to be bestowed on the following men as recognition for distinguished services during the Civil War: Admirals Farragut and Porter; and Vice-Admirals Farragut, Porter, and Rowan. Admiral Dewey was granted his title by a special Act of Congress after the Battle of Manila. The officers of the navy ranking with major-generals, brigadier-generals, colonels, and so on, in the army, are rear-admirals, commodores, captains, commanders, lieutenant-commanders, lieutenants, masters, ensigns.
The Militia.—With but little opposition in the Constitutional Convention, Congress was given the power to make provision for citizen-soldiers as follows:—
Section 8, Clause 15.To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions.
Clause 16.To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.
Number of the Militia.—All able-bodied male citizens of the United States and males between eighteen and forty-five years of age who have declared their intention to become citizens are regarded as the militia force of the country. As a matter of fact, there are at present only about 100,000 men enrolled in this service. But in the case of an emergency the President may compel the governors of the various States to furnish the troops needed. The militia may thus be called into service, under their own State officers, for a period of nine months. The War of 1812 and the Civil War furnish the best illustrations of the enforcement of this provision.
Volunteers of 1898.—We should note here the manner in which men were secured for the war against Spain. We see, according to Clause 15, that the militia may be called out only for the purposes of executing the laws of the Union, suppressing insurrections, and repelling invasions. Now, in the case given, the war was to be conducted in foreign territory, and President McKinley called for 200,000 volunteers. It was understood, however, that preference would be given to those volunteers who were already members of the organized militia.
Volunteers of 1898.—We should note here the manner in which men were secured for the war against Spain. We see, according to Clause 15, that the militia may be called out only for the purposes of executing the laws of the Union, suppressing insurrections, and repelling invasions. Now, in the case given, the war was to be conducted in foreign territory, and President McKinley called for 200,000 volunteers. It was understood, however, that preference would be given to those volunteers who were already members of the organized militia.
V. LOCATION OF THE CAPITAL.
Section 8, Clause 17.Congress shall have the power to exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings.
One of the most interesting contests in American history arose in the selection of a site for the capital city. Congress finally accepted, for this purpose, one hundred square miles of land on the Potomac River, which was ceded by Maryland and Virginia. The thirty square miles given by Virginia were afterward returned to that State. The capital was to be in New York until 1790, then in Philadelphia until 1800. In 1800 it was transferred to the new district, called the District of Columbia.[34]
VI. IMPLIED POWERS.
Strict and Loose Construction.—Our national development has been, in large measure, dependent on the interpretation of the next clause of the Constitution. It is often called the elastic clause.
Section 8, Clause 18.To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States or in any department or officer thereof.
Briefly stated, the problem has always been, Has Congress the right to exercise powers not definitely granted by the Constitution? Alexander Hamilton first set forth the doctrine ofimpliedpowers. He urged that Congress might, in carrying out specific powers, use methods notexpresslyprovided for in the Constitution, as in the creation of a bank or mint. Since the time of this interpretation, which, fortunately for American interests, was sanctioned by Washington and later by the Supreme Court through its great Chief-Justice John Marshall, the advocates of the doctrines of strict and loose construction have contended for their principles. Does the Constitution permit the acquisition of territory? May Congress establish a protective tariff, or a system of internal improvements? We have here but three of the great questions which have led to a definition of these opposing views. Speaking in general terms, the party in power has favored loose construction, while the party out of power has advocated strict construction. Said Mr. Bryce, "The Americans have more than once bent their Constitution in order that they might not be forced to break it."[35]
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What are some of the difficulties encountered in becoming a citizen? Independent, 65:994-1000.
2. Is there a postal savings-bank in your town? Is it successful?
3. Should there be a system of postal telegraphy? Cent. Mag., 59:952-956; N. Am. Rev., 172:554-556.
4. Extent and advantages of rural free delivery, Rev. of R's, 27:55-60.
5. Perils of the postal service, N. Am. Rev., 172:420-430; 551-559.
6. Defects in the postal system, N. Am. Rev., 174:807-819; 175:115-127.
7. Privateers and privateering, Government in State and Nation, 204; Walker, The Making of the Nation, 200.
8. For the methods employed in the patent office and a comparison between our system and that of European nations, see Cent. Mag., 61:346-356.
9. A good account of the reorganization of the army of the United States is given in the Atl. Mo., 89:437-451.
10. The development of the United States army, Scribner's Mag., 30:286-311, 446-462, 593-613.
11. West Point after a century, World's Work, August, 1902, 2433-2451.
12. A hundred years of West Point, Outlook, 71:591-601.
13. Life at West Point, Rev. of R's, 26:45-53.
14. What was the character of our navy prior to 1883? Harrison, This Country of Ours, 251-255.
15. The new American navy, Outlook, 73:323-337.
16. Comparison of the strength of our navy with that of other nations, Rev. of R's, 25:561-570; 39:347.
17. What special problem was connected with the location of the capital? How was it finally settled? Hart, Contemporaries, III, 269-272; Schouler, I, 152-156; McMaster, I, 555-562; World's Work, 1:191-195.
18. The development of Washington during the past one hundred years is discussed in Rev. of R's, 22:675-686; Forum, 30:545-554; Outlook, 70:310, 311, 817-829; Cent. Mag., 63:621-628, 724-756; Cosmop., 30:109-120.
19. Proposed improvements in Washington, Cent. Mag., 63:621-628, 747-759.
20. For the influence of the doctrine of implied powers, see:—
(a) Internal improvements, Hart, Contemporaries, III, 436-440; Walker, The Making of the Nation, 204, 205, 262, 363; Hart, Formation of the Union, 227-229, 353-355.
(b) The United States Bank, Hart, Contemporaries, III, 446-450; Hart, Formation of the Union, 150-151, 226-227; Walker, The Making of the Nation, 82-83.
(c) The annexation of territory, Hart, Contemporaries, III, 373-376; Walker, The Making of the Nation, 177-184; Hart, The Formation of the Union, 188.
(d) Legal-tender cases, Wilson, Division and Reunion, 280-281.
21. For further questions on this chapter, consult Government in State and Nation, 206, 207.
While restrictions on Congressional powers are found elsewhere in the Constitution, Section 9 of Article I seems to have been framed especially for this purpose.[36]
Writ of Habeas Corpus.—Clause 2 provides:The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.
A writ ofhabeas corpusis a writ granted by a court, commanding an officer to produce before it a prisoner, in order that the court may inquire into the cause of his imprisonment or detention. If, after such inquiry, it is found that the person is detained for insufficient cause, he is granted his freedom.
President Lincoln and the Writ of Habeas Corpus.—President Lincoln, as a military necessity, in 1861, suspended the privilege of the writ over a limited area, constituting a large part of the State of Maryland. The Supreme Court, however, declared his order non-effective, maintaining that the right of suspending the writ ofhabeas corpuslay with Congress, though it might be granted to the President. This attempt on the part of the Supreme Court to restrain Mr. Lincoln was a failure, and shows that even the highest of our tribunals may not have its usual power in time of war. It was not until March 3, 1863, that Congress made the decree of President Lincoln legal by authorizing him to suspend the writ whenever he believed the public safety demanded it. In September of that year he declared the suspension general throughout the country.
President Lincoln and the Writ of Habeas Corpus.—President Lincoln, as a military necessity, in 1861, suspended the privilege of the writ over a limited area, constituting a large part of the State of Maryland. The Supreme Court, however, declared his order non-effective, maintaining that the right of suspending the writ ofhabeas corpuslay with Congress, though it might be granted to the President. This attempt on the part of the Supreme Court to restrain Mr. Lincoln was a failure, and shows that even the highest of our tribunals may not have its usual power in time of war. It was not until March 3, 1863, that Congress made the decree of President Lincoln legal by authorizing him to suspend the writ whenever he believed the public safety demanded it. In September of that year he declared the suspension general throughout the country.
Ex Post Facto Laws.—Clause 3.No bill of attainder or ex post facto laws shall be passed.
An ex post facto law, as defined by the Supreme Court, is a "law which renders an act punishable in a manner in which it was not punishable when it was committed." It applies to acts of a criminal nature only.[37]
Care of Public Money.—Clause 7.No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
It is proper in a government such as ours that the control of the public money should be lodged with the representatives of the people. Through the annual report of the Secretary of the Treasury, the people may know from what sources our revenues are derived and for what purposes the money is expended.
Titles of Nobility and Gifts.—Clause 8.No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state.
According to the wording of the clause, Congress may allow gifts, of the kind mentioned, to be accepted by our National officials. Usually, however, such gifts pass into the keeping of government.
Powers Denied the States.—We recall the power of the States and weakness of the general government under the Articles of Confederation. It was plain to the members of the Constitutional Convention that hopeless confusion would arise if the States should also be given the right to coin money, pass ex post facto laws, etc. Therefore, certain prohibitions were made on the powers of the States. In Section 10, Clause 1, we note that these prohibitions are absolute, as:—
No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal, coin money, emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.[38]
In Section 10, Clauses 2 and 3, the prohibitions are only conditional; thus:—
No State shall, without the consent of the Congress, lay any impost or duties on imports or exports except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay.
More Complete Protection of Personal Rights.—By a careful reading of Sections 9 and 10, it is seen that some of the rights of the individual are guarded against encroachment on the part of government, either National or State. But the people felt that there were other personal rights which needed protection. They were familiar with the bills of rights in their own State constitutions. That the National Constitution did not also contain a bill of rights was, as we have seen, one of the chief arguments made against its adoption in the State conventions.
The First Ten Amendments.—A large number of propositions, therefore, were submitted to the first Congress by the States. Seventeen of these were selected by the House of Representatives, and proposed as amendments to the Constitution. Twelve of these were acceptable to the Senate also, and ten were ratified by the required three-fourths of the State legislatures. We call them the first ten amendments to the Constitution. If we read these amendments, we shall find that really they are a bill of rights, for the preservation or protection of rights of the people is expressed in all.[39]
The President and His Election.—We have seen that the one great weakness of the government under the confederation was that there existed no adequate executive. After much discussion in the convention, the fear of a despot at the head of affairs gave place to the desire to secure executive energy and responsibility. To-day the President is the most notable personage among all our officials. Mr. Bryce calls the Presidential office the greatest office in the world unless we except the papacy. In the Executive Department the President's power is practically absolute. He may appoint and remove, either directly or indirectly, all officials of the department, and they are finally responsible to him in the performance of their duties. His control of international relations and his influence on legislation are, as we shall see, extensive.
Length of Term.—Article II, Section 1, Clause 1.The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows:—
Method of Election.—How shall the President be chosen? This problem is said to have taken one-seventh of the entire time of the convention. While there were those who believed that election by the people would be wise, still this sentiment was not general. It was thought that a choice in this way would cause great "tumult and disorder." Besides, it was urged that the people would not be sufficiently acquainted with the men who have the necessary qualifications for such high office. For a special investigation of this sort, they agreed that it would be best to select a small number of persons who would be most likely to possess the required information and discernment. The appointment of these independent electors was provided for as follows:—
Appointment of Electors.—Section 1, Clause 2.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 entitled 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.
Article II, Section 1, Clause 3.The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.
At present, the appointment of electors is a necessary but a comparatively unimportant step in the election of a President.
The real power exists in the National conventions of the great political parties. Instead of exercising the right of free choice, as they were originally expected to do, the electors are really bound to vote for candidates nominated in these conventions. Let us consider, then, some of the chief points in the history and practical working of National conventions.
Early Methods of Nominating.—Like the development of other political usages, the method of nominating a President passed through several stages before the present plan of nominating conventions was reached. No nominations were made in the first two Presidential elections. In 1796, Washington having refused to be a candidate for a third term, party managers in Congress agreed informally on Adams and Jefferson as the candidates of the Federalist and the Republican parties respectively. A caucus of Federalist Congressmen, in 1800, nominated Adams and Pinckney, and a caucus of Republican Congressmen nominated Jefferson and Burr, for the offices of President and Vice-President. The Republican members of Congress continued to hold a regular caucus and thus to direct the votes of the party electors until 1824. In that year William H. Crawford, the last Congressional nominee, was defeated. There was opposition to the Congressional caucus from the beginning, for such a method was regarded as undemocratic. In 1824 and 1828 the several State legislatures put forward their favorites for the office of President.Development of National Conventions.—As early as 1812, De Witt Clinton was nominated as the candidate of the Federalists in a convention held in New York City, made up of seventy delegates, who represented eleven States. But the National nominating convention, as we know it, was used for the first time by the Anti-Masonic party, which selected William Wirt for its candidate in 1831. This method was followed in the same year by the National Republican party, which nominated Henry Clay. The National convention of the Democratic party in 1832 nominated Andrew Jackson, who had already been nominated by many local conventions and State legislatures. Many years elapsed before the present complex organization was reached, but since 1836, with the single exception of the Whig party in that year, parties have regarded the National convention as an essential factor in electing President and Vice-President.Prior to the nominations for the Presidency in 1912, the usual plan was to select two delegates to the National convention from each of the Congressional districts, and also four delegates at large. The district delegates were chosen in the district conventions of the different parties, and the delegates at large in State conventions. In some of the States all of the delegates were selected in the State conventions.It now seems probable before another Presidential election that some form of thedirect primarywill be in use in all of the States. The growth of sentiment in favor of the selection of delegates to the National convention by the direct primary has been most remarkable. Oregon, California, Nebraska, New Jersey, North Dakota, Wisconsin, Illinois, Maine, Maryland, Massachusetts, and Michigan passed such primary laws prior to the election of 1912. Pennsylvania had a modified primary law, and in a number of other States there were voluntary primaries.Election of Delegates to the National Conventions.—The National conventions of the Republican and the Democratic parties are made up of twice as many delegates from the different States as these States have representatives and senators in Congress.The National Convention.—The National convention is held in some leading city during the month of June or July of the year in which a President is to be elected. A few days before the time set for the convention, the delegates, together with many thousands of politicians and sight-seers, flock to that city. Headquarters are established and delegates are interviewed on behalf of the different candidates. On the day appointed, the convention is called to order by the chairman of the National committee, under whose auspices the convention is to be held. A temporary chairman is elected, and clerks and secretaries are appointed. Committees are also appointed, the most important being those on credentials and on resolutions. Each State delegation selects one of its members for each of the committees. In the next session, a permanent chairman is usually selected, and the committee on resolutions presents its report, which sets forth the platform embodying party doctrines and principles. Nominations are then in order. The roll of States is called, and the various delegations place before the convention the favorite of their State. A State often waives its privilege in behalf of some other State which has a candidate to present. Again the clerk calls the roll of the States, and each chairman of a delegation announces the votes from his State. In the Republican convention a majority of the number of delegates voting is sufficient to nominate; but no nomination is possible in the Democratic convention except by a vote of two-thirds of the delegates. Then follows the selection of a candidate for Vice-President. In this choice the attempt is made to secure some man who will add strength to the party, and who comes from a different section of the country from that represented by the candidate for the Presidency. He may, as in the cases of Tyler and Johnson, represent a faction of the party that is not in entire agreement with the majority.The National Committee.—A National committee is also appointed, made up of one member from each State, who is nominated by the State delegation. The wishes of the Presidential candidate are of influence in the choice of the chairman, who need not be a member of the convention. The committee occupies a position of great importance, for by it the platform of the party is largely determined. We have here a body of men not mentioned by the Constitution, but exerting vastly greater influence upon the election of President than does the electoral college itself. It organizes the campaign, secures money, selects speakers, and sends out party literature. The committee looks after the interests of the party during the ensuing four years and issues the call for the next National convention.
Early Methods of Nominating.—Like the development of other political usages, the method of nominating a President passed through several stages before the present plan of nominating conventions was reached. No nominations were made in the first two Presidential elections. In 1796, Washington having refused to be a candidate for a third term, party managers in Congress agreed informally on Adams and Jefferson as the candidates of the Federalist and the Republican parties respectively. A caucus of Federalist Congressmen, in 1800, nominated Adams and Pinckney, and a caucus of Republican Congressmen nominated Jefferson and Burr, for the offices of President and Vice-President. The Republican members of Congress continued to hold a regular caucus and thus to direct the votes of the party electors until 1824. In that year William H. Crawford, the last Congressional nominee, was defeated. There was opposition to the Congressional caucus from the beginning, for such a method was regarded as undemocratic. In 1824 and 1828 the several State legislatures put forward their favorites for the office of President.
Development of National Conventions.—As early as 1812, De Witt Clinton was nominated as the candidate of the Federalists in a convention held in New York City, made up of seventy delegates, who represented eleven States. But the National nominating convention, as we know it, was used for the first time by the Anti-Masonic party, which selected William Wirt for its candidate in 1831. This method was followed in the same year by the National Republican party, which nominated Henry Clay. The National convention of the Democratic party in 1832 nominated Andrew Jackson, who had already been nominated by many local conventions and State legislatures. Many years elapsed before the present complex organization was reached, but since 1836, with the single exception of the Whig party in that year, parties have regarded the National convention as an essential factor in electing President and Vice-President.
Prior to the nominations for the Presidency in 1912, the usual plan was to select two delegates to the National convention from each of the Congressional districts, and also four delegates at large. The district delegates were chosen in the district conventions of the different parties, and the delegates at large in State conventions. In some of the States all of the delegates were selected in the State conventions.
It now seems probable before another Presidential election that some form of thedirect primarywill be in use in all of the States. The growth of sentiment in favor of the selection of delegates to the National convention by the direct primary has been most remarkable. Oregon, California, Nebraska, New Jersey, North Dakota, Wisconsin, Illinois, Maine, Maryland, Massachusetts, and Michigan passed such primary laws prior to the election of 1912. Pennsylvania had a modified primary law, and in a number of other States there were voluntary primaries.
Election of Delegates to the National Conventions.—The National conventions of the Republican and the Democratic parties are made up of twice as many delegates from the different States as these States have representatives and senators in Congress.
The National Convention.—The National convention is held in some leading city during the month of June or July of the year in which a President is to be elected. A few days before the time set for the convention, the delegates, together with many thousands of politicians and sight-seers, flock to that city. Headquarters are established and delegates are interviewed on behalf of the different candidates. On the day appointed, the convention is called to order by the chairman of the National committee, under whose auspices the convention is to be held. A temporary chairman is elected, and clerks and secretaries are appointed. Committees are also appointed, the most important being those on credentials and on resolutions. Each State delegation selects one of its members for each of the committees. In the next session, a permanent chairman is usually selected, and the committee on resolutions presents its report, which sets forth the platform embodying party doctrines and principles. Nominations are then in order. The roll of States is called, and the various delegations place before the convention the favorite of their State. A State often waives its privilege in behalf of some other State which has a candidate to present. Again the clerk calls the roll of the States, and each chairman of a delegation announces the votes from his State. In the Republican convention a majority of the number of delegates voting is sufficient to nominate; but no nomination is possible in the Democratic convention except by a vote of two-thirds of the delegates. Then follows the selection of a candidate for Vice-President. In this choice the attempt is made to secure some man who will add strength to the party, and who comes from a different section of the country from that represented by the candidate for the Presidency. He may, as in the cases of Tyler and Johnson, represent a faction of the party that is not in entire agreement with the majority.
The National Committee.—A National committee is also appointed, made up of one member from each State, who is nominated by the State delegation. The wishes of the Presidential candidate are of influence in the choice of the chairman, who need not be a member of the convention. The committee occupies a position of great importance, for by it the platform of the party is largely determined. We have here a body of men not mentioned by the Constitution, but exerting vastly greater influence upon the election of President than does the electoral college itself. It organizes the campaign, secures money, selects speakers, and sends out party literature. The committee looks after the interests of the party during the ensuing four years and issues the call for the next National convention.
Election of Electors.—We are now ready to consider the place of the electors in the choice of a President. The nominations of candidates for the office of elector are usually made at the State conventions of the different parties when State tickets are nominated. These occur, ordinarily, in August or September preceding the November election. Each political party nominates as many electors as the State has senators and representatives in Congress. The names of the electors are then placed on the general party ticket, on which appear also the names of the candidates for President and Vice-President; each person then votes for the entire number of electors to which his State is entitled, and will naturally vote for all the electors on his party ticket. The political party, therefore, which receives the majority of votes in a State secures all the electoral votes of that State.[40]
Vacancies in the Offices of Electors.—Congress enacted in 1845 that each State might provide, by law, for the filling of vacancies in the electoral college, and that if any State failed to choose electors on the regular day, that they might be appointed on a later day in such manner as the State might, by law, direct. Nearly all of the State legislatures have conferred on the college itself the power of filling vacancies.
Vacancies in the Offices of Electors.—Congress enacted in 1845 that each State might provide, by law, for the filling of vacancies in the electoral college, and that if any State failed to choose electors on the regular day, that they might be appointed on a later day in such manner as the State might, by law, direct. Nearly all of the State legislatures have conferred on the college itself the power of filling vacancies.
Function of Electors.—The steps prescribed by the Constitution must still be followed, although we know, long before the electors cast their votes, who the next President will be. The actual function of the electors is given in Amendment XII, as follows:—
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 the 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 the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right to choose 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 constitutional 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 constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Voting of the Electors.—The formal election of President takes place on the second Monday in January, when the electors meet at their various State capitals and cast their votes. Separate ballots are given for Vice-President. Three separate sealed lists of the results are then prepared. Two of these are sent to the President of the Senate, one by mail and the other by special messenger. The third is deposited with the United States district judge of the district in which the electors meet. On the second Wednesday in February the votes are opened by the President of the Senate, in the presence of the Senate and House of Representatives, and counted. That person having a majority of the electoral votes case for President is declared to be duly elected. The one who has a majority of the electoral votes cast for Vice-President is also elected to that office.
Election of President by the House of Representatives.—In case no Presidential candidate receives a majority of the electoral votes, the election goes to the House of Representatives, as is provided in the amendment we are considering. Here the three candidates having the highest number of votes are alone considered. The voting is by States. In 1825 John Quincy Adams was elected President in this way. He had fewer popular and fewer electoral votes than Andrew Jackson, but he received the votes of thirteen out of twenty-four States in the House.Choice of Vice-President by the Senate.—The Senate is called on to select the Vice-President in case no candidate has received a majority of the electoral votes. The two candidates having the highest number of votes are considered. The only instance of the election of a Vice-President in this way occurred in 1837.Disputed Returns, Election of 1876.—Disputes have arisen, from time to time, over some of the returns of the electoral votes. The most notable contest was that over the returns from Florida, Louisiana, South Carolina, and Oregon, in 1877. If the twenty-one electoral votes from these States should be counted for the Republican candidates, they would be elected. Should just one of those votes be given to the Democratic nominees, the Republicans would lose the election. Now the Senate at this time was Republican, and the House Democratic, and therefore no satisfactory adjustment could be reached, because of party prejudices. The excitement throughout the country was finally relieved by the agreement on the part of both houses to refer the decision to an "Electoral Commission."This commission consisted of five judges of the Supreme Court, five representatives, and five senators. After examining the returns, the commission decided, March 2, 1877, by a vote of eight to seven, that Hayes and Wheeler, the Republican candidates, had received the twenty-one votes in dispute, thus giving them one hundred and eighty-five electoral votes, and that Tilden and Hendricks, the Democratic candidates, had received one hundred and eighty-four electoral votes.In consequence of the grave problem which arose in 1877, Congress passed an act February 3, 1887, which provides that any contest in the choice of electors in a State must be decided by the State authorities under the laws of the State.The Original Method of Choosing the President.—Because Presidents Washington, Adams, and Jefferson for his first term, were chosen by the plan given in the original clause, let us notice, briefly, the method used at that time, and especially the reasons for the change to the present plan.Section 1, Clause 2.The electors shall meet in their respective States, and vote by ballot for two persons, one of whom, 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 of the number of votes for each; which list they 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 then 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 for 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 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 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 the 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.According to this clause, we note that the electors voted for two persons without stating which was to be President and which Vice-President. In the official count, the candidate receiving the highest number of votes, provided it was a majority of the whole number of the electoral votes, became President, and the one receiving the next highest became Vice-President.Election of 1796.—In the election of 1796, John Adams, who received the highest number, seventy-one, out of one hundred and thirty-two electoral votes, was elected President. Thomas Jefferson, his opponent, became Vice-President, having received sixty-eight votes, or the next highest number. Thus there were elected a President of one party and a Vice-President of the opposing party.Election of 1800.—The election of 1800 also showed the plan to be impracticable. At this time, the Democratic-Republican party was determined to have Mr. Jefferson for President and Aaron Burr for Vice-President. They both received seventy-three votes, a majority of all the votes. But since the number was equal, it devolved upon the House of Representatives to determine whether Jefferson or Burr should be President. For seven days the House was in continuous session, and civil war threatened. On the thirty-sixth ballot, however, Jefferson received the votes of ten States out of sixteen, and was elected.In order to prevent a recurrence of the conditions which obtained in 1796, or of the dangers incident to a contest like that of 1800, the Twelfth Amendment was proposed by Congress, and, after ratification, was declared in force September 25, 1804. This provides, as we have seen, that the electoral votes must be cast separately for President and Vice-President.The Presidential Term.—Shall the President hold office for a term of three years, of seven years, or during good behavior? These were questions of great interest in the Constitutional Convention. A term of seven years with no re-election was agreed upon, but toward the end of the convention the clause as given was adopted.Re-election of a President.—The Constitution does not limit the number of terms for which a President may be chosen, but the "third-term tradition" has now made it practically impossible for the same man to be elected for more than two terms. This custom was inaugurated by the refusal of President Washington to accept a third term. President Jefferson was also urged to stand for a third term, but he, too, preferred to retire to private life as Washington had done. The adherents of General Grant strove to break down this precedent in 1880 but were defeated. Although President Roosevelt had served a part of a term and one full term the argument of a third term was brought against him.A Longer Term.—It is frequently urged that the Constitution should be amended in such a manner as to provide for a term of six or seven years for the President, with no re-election. Among the reasons for this change are the following: (1) a new President has most of his time, for months, at the beginning of his term, consumed in hearing the claims of applicants for office, and in making appointments; (2) there is danger that he may be influenced in his official actions through desire to secure a second term; (3) the commercial depression that usually exists during a campaign would thus come less frequently. These arguments may be used in opposition to such a change: (1) in the case of an inefficient President, the short term is to be preferred; (2) the Presidential campaign is of value, in that the attention of Americans generally is for a time fixed on the problems connected with the conduct of our government. It furnishes the opportunity for imparting to our citizens many lessons in their political education.
Election of President by the House of Representatives.—In case no Presidential candidate receives a majority of the electoral votes, the election goes to the House of Representatives, as is provided in the amendment we are considering. Here the three candidates having the highest number of votes are alone considered. The voting is by States. In 1825 John Quincy Adams was elected President in this way. He had fewer popular and fewer electoral votes than Andrew Jackson, but he received the votes of thirteen out of twenty-four States in the House.
Choice of Vice-President by the Senate.—The Senate is called on to select the Vice-President in case no candidate has received a majority of the electoral votes. The two candidates having the highest number of votes are considered. The only instance of the election of a Vice-President in this way occurred in 1837.
Disputed Returns, Election of 1876.—Disputes have arisen, from time to time, over some of the returns of the electoral votes. The most notable contest was that over the returns from Florida, Louisiana, South Carolina, and Oregon, in 1877. If the twenty-one electoral votes from these States should be counted for the Republican candidates, they would be elected. Should just one of those votes be given to the Democratic nominees, the Republicans would lose the election. Now the Senate at this time was Republican, and the House Democratic, and therefore no satisfactory adjustment could be reached, because of party prejudices. The excitement throughout the country was finally relieved by the agreement on the part of both houses to refer the decision to an "Electoral Commission."
This commission consisted of five judges of the Supreme Court, five representatives, and five senators. After examining the returns, the commission decided, March 2, 1877, by a vote of eight to seven, that Hayes and Wheeler, the Republican candidates, had received the twenty-one votes in dispute, thus giving them one hundred and eighty-five electoral votes, and that Tilden and Hendricks, the Democratic candidates, had received one hundred and eighty-four electoral votes.
In consequence of the grave problem which arose in 1877, Congress passed an act February 3, 1887, which provides that any contest in the choice of electors in a State must be decided by the State authorities under the laws of the State.
The Original Method of Choosing the President.—Because Presidents Washington, Adams, and Jefferson for his first term, were chosen by the plan given in the original clause, let us notice, briefly, the method used at that time, and especially the reasons for the change to the present plan.
Section 1, Clause 2.The electors shall meet in their respective States, and vote by ballot for two persons, one of whom, 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 of the number of votes for each; which list they 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 then 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 for 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 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 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 the 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.
According to this clause, we note that the electors voted for two persons without stating which was to be President and which Vice-President. In the official count, the candidate receiving the highest number of votes, provided it was a majority of the whole number of the electoral votes, became President, and the one receiving the next highest became Vice-President.
Election of 1796.—In the election of 1796, John Adams, who received the highest number, seventy-one, out of one hundred and thirty-two electoral votes, was elected President. Thomas Jefferson, his opponent, became Vice-President, having received sixty-eight votes, or the next highest number. Thus there were elected a President of one party and a Vice-President of the opposing party.
Election of 1800.—The election of 1800 also showed the plan to be impracticable. At this time, the Democratic-Republican party was determined to have Mr. Jefferson for President and Aaron Burr for Vice-President. They both received seventy-three votes, a majority of all the votes. But since the number was equal, it devolved upon the House of Representatives to determine whether Jefferson or Burr should be President. For seven days the House was in continuous session, and civil war threatened. On the thirty-sixth ballot, however, Jefferson received the votes of ten States out of sixteen, and was elected.
In order to prevent a recurrence of the conditions which obtained in 1796, or of the dangers incident to a contest like that of 1800, the Twelfth Amendment was proposed by Congress, and, after ratification, was declared in force September 25, 1804. This provides, as we have seen, that the electoral votes must be cast separately for President and Vice-President.
The Presidential Term.—Shall the President hold office for a term of three years, of seven years, or during good behavior? These were questions of great interest in the Constitutional Convention. A term of seven years with no re-election was agreed upon, but toward the end of the convention the clause as given was adopted.
Re-election of a President.—The Constitution does not limit the number of terms for which a President may be chosen, but the "third-term tradition" has now made it practically impossible for the same man to be elected for more than two terms. This custom was inaugurated by the refusal of President Washington to accept a third term. President Jefferson was also urged to stand for a third term, but he, too, preferred to retire to private life as Washington had done. The adherents of General Grant strove to break down this precedent in 1880 but were defeated. Although President Roosevelt had served a part of a term and one full term the argument of a third term was brought against him.
A Longer Term.—It is frequently urged that the Constitution should be amended in such a manner as to provide for a term of six or seven years for the President, with no re-election. Among the reasons for this change are the following: (1) a new President has most of his time, for months, at the beginning of his term, consumed in hearing the claims of applicants for office, and in making appointments; (2) there is danger that he may be influenced in his official actions through desire to secure a second term; (3) the commercial depression that usually exists during a campaign would thus come less frequently. These arguments may be used in opposition to such a change: (1) in the case of an inefficient President, the short term is to be preferred; (2) the Presidential campaign is of value, in that the attention of Americans generally is for a time fixed on the problems connected with the conduct of our government. It furnishes the opportunity for imparting to our citizens many lessons in their political education.
Qualifications for President and Vice-President.—The qualifications for President and Vice-President are naturally the same, and are as follows:—
Section 1, Clause 4.No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
Vacancies.—The chief reason for creating the office of Vice-President seems to have been to provide for the emergency of a vacancy in the Presidency.
Section 1, Clause 5.In case of the removal of the President from office or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may, by law, provide for the case of removal, death, resignation, or inability both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
Presidential Succession.—In 1886 Congress provided that in case of the death, resignation, or disability[41]of both President and Vice-President, the succession should be in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, Secretary of the Interior. The Secretary of Agriculture was added in 1889.
Salary of the President.—Section I, Clause 6.The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he may have been elected, and he shall not receive within that period any other emolument from the United States or any of them.
In 1909 the salary of the President was changed from $50,000 to $75,000 a year. The custom has been established that no President shall receive a gift from any civil body, such as a city council, a State legislature, or a foreign state. In addition to his salary, the President is provided with an "executive mansion," the "White House," which is furnished at the expense of the government. The Vice-President receives $12,000 annually.
Salaries of Foreign Rulers.—The salary paid our President is small when we compare it with the grants made to European rulers. In 1901 the English government voted some $4,000,000 for the annual use of the royal household. The Czar of Russia receives $6,500,000 annually, in addition to revenues derived from 1,000,000 square miles of crown domains. The President of France receives $231,600 annually.
Salaries of Foreign Rulers.—The salary paid our President is small when we compare it with the grants made to European rulers. In 1901 the English government voted some $4,000,000 for the annual use of the royal household. The Czar of Russia receives $6,500,000 annually, in addition to revenues derived from 1,000,000 square miles of crown domains. The President of France receives $231,600 annually.
Inauguration Day.—One of the most notable of our civic festivals occurs on the fourth of March[42]after the Presidential election. Then thousands of people go to Washington to witness the inaugural exercises, by which the President and Vice-President are formally invested with their offices. The Constitution provides that the President shall take the following oath of office before entering on his duties:—
Section I, Clause 7.I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect, and defend the Constitution of the United States.
It has been established, by custom, that the oath shall be administered by the Chief Justice of the United States, at the east front of the Capitol. After taking the oath the President gives his inaugural address, which outlines the policy he purposes to carry out. Immediately after his inauguration, unless it be his second term, he calls the Senate together, and places before it his nominations for members of the cabinet, and for such other important offices as he may desire to make.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. Which of the Presidents have served two terms? How was their election for a second term to be accounted for?
2. The method of calling National political conventions. When held? Questions considered. Make a study of the last convention. Cosmop., 29: 194-200; Scribner's Mag., 27: 643-656.
3. Under what conditions was the first platform of a National convention agreed upon? Wilson, Division and Reunion, 63.
4. For the work of the National committee, see Rev. of R's, 22: 549-556; 556-563.
5. The power of the chairman of the National committee is discussed in Atl. Mo., 89: 76-81.
6. What was the probable origin of the system of electing the President by electors? Harrison, This Country of Ours, 78; Fiske, Critical Period of American History, 66, 280-289.
7. For the methods which have been used in electing a President, see N. Am. Rev., 171: 273-280.
8. Should the President be elected by direct popular vote? N. Am. Rev., 171: 273-280; 281-288; Scribner's Mag., 27: 643-656.
9. For some of the problems connected with the electoral colleges in the history of elections, see Rev. of R's, 23: 66-69.
10. What is the method used in counting the electoral votes? Edmund Alton, Among the Lawmakers, 88-89.
11. Do you agree with Mr. Bryce that the tendency is to select for President men who have not been prominent? Bryce, American Commonwealth, I, chap. 8.
12. Was the present President notable before his election? In what ways?
13. What were the chief causes for the success of his party?
14. How many electoral votes were required for election? He received how many? Did he receive a majority of the popular votes? Election of 1900, Rev. of R's, 22: 673-674; 655-658.
15. How many electors were there from your State? For whom did they vote? How is this majority in your State to be accounted for? Rev. of R's, 22: 673-674, 655-658, 664.
16. Would successful governors make good candidates for President? In what particulars do the offices resemble each other? Would you favor making the governor of your State President? Wilson, Congressional Government, 253, 254.
17. Why was the election of John Quincy Adams of especial interest? What results followed? Burgess, The Middle Period, 140, 141; Wilson, Division and Reunion, 18.
18. State the chief points connected with the "disputed election" of 1876. Wilson, Division and Reunion, 283-286; Johnston, American Politics, 233-237; Cent. Mag., 62: 923-934.
19. Give the names of the Presidents who have died in office. By whom were they succeeded?
20. For a good discussion of theunit ruleandtwo-thirdsrule of the Democratic conventions, see Rev. of R's, 45: 705-710.
21. What is a "minority" President? Government in State and Nation, 264.
22. An interesting account of the White House. Outlook, 70: 287-299.
23. Inauguration events of 1901. Rev. of R's, 23: 405,406; Outlook, 67: 555, 556.
24. Incidents of Presidential inaugurations. World's Work, 1: 477-479.
25. For other questions and references on the chapter, see Government in State and Nation, 231, 232.