24. Which has more influence upon the opinions of people, the school or the press?
25. Are the Initiative and the Referendum adequate methods of ascertaining the prevailing state of Public Opinion?
26. Is freedom of speech an adequate safeguard of the rights of minorities?
27. To what extent, if to any, should Federal and state authorities distribute free literature concerning the nature and functions of American government?
28. How might co÷peration in the study of civic problems be promoted in your community?
A. BACKGROUND OF THE FEDERAL CONSTITUTION [Footnote: For a fuller discussion of the background of the Federal Constitution, see Chapters II and III.]
493. COLONIAL GOVERNMENTS.—It is possible to classify the American colonies as charter, royal, and proprietary, and to point out important differences between these three types.
But these differences fade in importance before the broad and fundamental similarities existing among the colonies. Just as there was among the colonies a substantial unity of race, language, and religion, so there was a basic similarity in political institutions. All of the colonies were under relatively the same degree of control by England, and consequently all of them had much the same degree of freedom in managing their own affairs. In each colony a governor acted as chief executive. In each colony, likewise, there was a legislature. In most of the colonies this legislature consisted of two houses, the lower of which was elected by the people. Colonial jurisprudence everywhere grounded upon the common law of England. In each colony there was a system of courts, largely following English judicial procedure. In local government there was a good deal of variation among the colonies, but everywhere the English model was followed, and everywhere the principle of local autonomy was asserted and championed.
494. EARLY ATTEMPTS AT UNION.—These fundamental similarities, together with the rise of common problems and the pressure of outside enemies, encouraged federation among the colonies. A notable attempt at union was made in 1643, when Massachusetts Bay, Plymouth, Connecticut, and New Haven united in a league of friendship, primarily for mutual defense against the Indians. This league rendered effective service during the forty years of its life. In 1754 delegates from seven colonies met at Albany and adopted a plan of union proposed by Benjamin Franklin. The project was never carried through, but it is significant as indicating the trend toward union. Still later (1765) the Stamp Act Congress showed that the delegates of at least nine colonies could join in a protest against England's taxation policy. The two Continental Congresses may also be considered as steps toward union. The first of these (1774) concerned itself chiefly with a declaration of rights and grievances, but the second (1775-1781) went so far as to assume and exercise revolutionary powers.
495. THE ARTICLES OF CONFEDERATION.—Impelled by the necessity of a united front against England, the Second Continental Congress sought to give force to the Declaration of Independence by drawing up a comprehensive plan of union. This plan, embodied in the Articles of Confederation, was put into operation on March 1, 1781. The new government was a confederation or league of states, rather than a federal government such as we have to-day. The states gave up such important powers as the right to declare war, and the right to borrow and coin money, but the Articles specifically declared that "each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by this federation delegated to the United States in Congress assembled."
The Confederation government was seriously defective. There was no national executive and no judiciary. All authority was concentrated in a one-chambered congress, the delegates to which were entirely under the control of the state legislatures which chose them. The central government had no real authority or power. Its congress could reach the individual only through the action of the state governments, and these it could not coerce. The Confederation government managed to carry the states through the last two years of the war, and then declined rapidly in power and influence. The Congress could not force the states to co÷perate with one another in matters of national interest. The inability of the central government, either to pay the interest on the national debt or to force the states to observe treaties which we made with foreign powers, cost us the respect of Europe. "We were bullied by England," writes John Fiske of this period, "insulted by France, and looked askance at in Holland."
The defects of the Articles could not be remedied, for amendment was by unanimous consent only, and on every occasion that an amendment was proposed, one or more states refused their assent. By 1786 it was the conviction of most American statesmen that if the country were to be saved from anarchy and ruin the central government would have to be reorganized.
496. THE CONSTITUTIONAL CONVENTION OF 1787.—In May, 1787, delegates from every state except Rhode Island came together in Philadelphia to consider "means necessary to render the Constitution of the Federal government adequate to the exigencies of the Union."
Early in the session Edmund Randolph introduced what has been called the Virginia plan. This called for an abandonment of the Articles of Confederation and demanded the establishment of a strong national government. The Virginia plan favored the larger and more populous states by providing a national Congress of two houses, in both of which representation was to be on the basis of population.
Of the several other plans put before the Convention the most notable was that proposed by William Paterson of New Jersey. The adherents of this plan wished to retain the Articles of Confederation. The Articles were to be revised so as to give greater powers to the central government, but in most practical concerns the states were to continue sovereign. The New Jersey plan opposed the idea of a two-chambered legislature in which the states were to be represented on the basis of population. If representation in both houses of Congress were on the basis of population, it was declared, the larger and more populous states would be able to dominate the National government and the rights of the smaller states would be inadequately safeguarded.
After a long debate a compromise plan was adopted. It was agreed that there should be established a strong national government, but one sufficiently checked by constitutional provisions to safeguard the rights of the states. The national legislature was to consist of two houses. In the upper house the states were to be represented equally, while in the lower chamber representation was to be on the basis of population.
497. THE NEW GOVERNMENT.—The Convention completed the Constitution on September 17, 1787, and the document was immediately placed before the states. By the summer of 1788 the necessary number of states had ratified the Constitution, and on April 30, 1789, the new government was put to work under George Washington as first President.
The English statesman Gladstone has implied that our Constitution was an original creation, "struck off at a given time by the brain and purpose of man." But as a matter of fact the Constitution was not so much the result of political originality as it was a careful selection from British and colonial experience. The trial of the Confederation government had proved especially valuable, and in drawing up the Federal Constitution, the members of the Constitutional Convention were careful to avoid the defects of the Articles of Confederation. The most fundamental difference between the Confederation government and the new Federal government was that the Federal Constitution provided for an adequate executive and judiciary to enforce the Federal laws directly upon the individual. The Confederation government, it will be remembered, had been obliged to rely upon the states for the enforcement of all laws.
498. THE THEORY OF LIMITED GOVERNMENT.—The new Constitution created a system of Federal government which retains the advantages of local self-government for the states, but at the same time secures the strength which results from union. The government of the United States is a compromise between centralization and decentralization, the balance between these two extremes being maintained by a rather elaborate system of checks, balances, and limitations.
These checks, balances, and limitations we may consider under five heads: first, private rights under the Federal Constitution; second, the threefold division of powers in the Federal government; third, the division of powers between Federal and state governments; fourth, interstate relations; and fifth, the supremacy of Federal law.
499. PRIVATE RIGHTS UNDER THE FEDERAL CONSTITUTION. [Footnote: For the prohibitions upon the states in favor of private rights, see Chapter XLV.]—The constitutional limitations upon the Federal government in behalf of private rights fall into two groups: those designed to protect personal liberty, [Footnote: Some of the limitations in favor of personal liberty enumerated in this section are contained in the first ten amendments to the Constitution, adopted in a body in 1791.] and those designed to protect property rights.
In many important particulars the Federal Constitution protects personal liberty against arbitrary interference on the part of the National government. Congress may pass no law establishing or prohibiting any religion, or abridging either freedom of speech or freedom of the press. The right of the people peaceably to assemble and petition the government for a redress of grievances shall not be denied. The privilege of the writ ofhabeas corpusshall not be suspended. Congress may not define treason. Neither bills of attainder, norex-post factolegislation may be passed by Congress. Jury trial, fair bail, and freedom from both excessive fines and cruel and unusual punishments are guaranteed by the Constitution. Neither life, liberty nor property may be taken without due process of law.
The Federal Constitution likewise protects the property rights of the individual against Federal aggression. The state governments alone may define property. Congress may not tax articles which are exported from any state. All direct taxes must be apportioned according to population. [Footnote: The Sixteenth Amendment exempts the income tax from this rule.] All duties, imposts, and excises must be uniform, that is, they must fall upon the same article with the same weight wherever found. Under the right of eminent domain, the Federal government may take private property for public use, but in such a case the owner must be fairly compensated.
500. THREEFOLD DIVISION OF POWERS IN THE FEDERAL GOVERNMENT.—A second distinctive feature of our system of government is that Federal authority is distributed among three distinct branches: the executive, the legislative, and the judicial. This is part of the general system of "checks and balances" by means of which the framers of the Constitution sought to prevent any branch or division of government from securing undue control of the governmental machinery.
The basic merit of this threefold division of powers is that it safeguards each branch of government against aggression from the other two branches. And yet this division of powers is by no means so complete that the three branches do not work together. For example, both the appointive and the treaty-making powers of the President are shared by the Senate. The President shares in legislation through his veto power, as well as through his right to send messages to Congress. The Senate has the right to impeach all civil officers of the United States, and may even exert some control over the Supreme Court through its right to prescribe the number of its judges and the amount of their salaries. The judiciary, on the other hand, enjoys the unique power of passing upon the constitutionality of the acts of the other two branches of government.
501. DIVISION OF POWERS BETWEEN FEDERAL AND STATE GOVERNMENTS.— Another feature of the check and balance system is that authority is divided between Federal and state governments. The Tenth Amendment declares that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states." Thus we speak of the National government as enjoying delegated or enumerated powers, while the state governments have residual or unenumerated powers. The Federal government must show some specific or implied grant of power for everything that it does, but state governments need only show that the Federal Constitution does not prohibit them from doing whatever they see fit.
This division of powers between Federal and state governments has several distinct advantages. For example, it allows Federal and state governments to act as a check upon one another. Furthermore, the device admirably divides governmental labor: the Federal government is given control of matters essentially national, while the states are left in charge of affairs distinctly state or local in character.
502. INTERSTATE RELATIONS.—Further to guarantee the integrity of the Federal system, the Constitution specifies the fundamental nature of interstate relations. The states are independent of one another, and are equal in Federal law. The laws of a state have no force, and their public officials have no authority, beyond the state limits.
The Constitution specifically provides that "full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state." This does not mean that the laws of a particular state are binding upon persons in other states. It does mean, however, that the courts of each state shall endeavor to give the same force to the laws of a neighboring state as those laws would have in the courts of the legislating state.
To prevent discriminations against citizens of other states, the Federal Constitution provides that the citizens of each state are "entitled to all the privileges and immunities of citizens in the several states." This means that a citizen of one state may remove to a neighboring state, and there enjoy the same civil rights that the citizens of the latter state enjoy.
In order that fugitive criminals may be tried and punished, the Constitution further provides that "a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on the demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime."
503. SUPREMACY OF FEDERAL LAW.—A last distinctive feature of our system of government is that Federal law is supreme. The Constitution states: "This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States shall be the supreme law of the land." The states are supreme in their sphere of action; nevertheless, when it is claimed that there is a conflict between state and Federal law, the latter prevails. Federal law is the supreme law of the land, and, in the last instance, it is the Supreme Court of the United States which is the interpreter of that law. The decisions of the Supreme Court are binding upon the Federal government, upon the several states, and upon private individuals.
504. THE FORMAL AMENDING PROCESS.—The Constitution of the United States may be formally amended in any one of four ways. First, an amendment may be proposed by a two-thirds vote of each House of Congress, and ratified by the legislatures of three fourths of the states. Second, an amendment may be proposed by a two-thirds vote of each House of Congress and ratified by conventions in three fourths of the States. Third, an amendment may be proposed by a national convention, called by Congress upon the request of the legislatures of two thirds of the states, and ratified by the legislatures of three fourths of the states. The fourth method resembles the third, except that ratification is by conventions in three fourths of the states.
505. AMENDMENTS I-XIX.—There have been nineteen Amendments to the Federal Constitution. [Footnote: For the full text of these Amendments see the Appendix.]
Of these the first ten were adopted as a body in 1791, to satisfy those who feared that the new Constitution did not adequately protect individual or states' rights against Federal aggression. Amendments I- VIII are designed to protect the fundamental rights of the individual. The Ninth and Tenth express the principle that the Federal government is one of enumerated powers, while those powers not specifically conferred upon the Federal government by the Constitution are reserved to the states or to the people.
The Eleventh Amendment, adopted in 1798, provided that the Federal judicial power should not be construed to extend to any suit against a state by citizens of another state, or by citizens or subjects of any foreign state.
The Twelfth Amendment, adopted in 1804, provided that presidential electors should cast separate ballots for President and Vice President.
The Thirteenth Amendment (1865) abolished slavery, the Fourteenth (1868) defined citizenship and sought to prevent the states from discriminating against certain classes of citizens, while the Fifteenth Amendment (1870) declared that the right of citizens of the United States to vote shall not be denied or abridged on account of race, color, or previous condition of servitude.
In 1913 the Sixteenth Amendment authorized Congress to tax incomes without apportionment among the several states, and without regard to any census or enumeration.
In the same year the Seventeenth Amendment provided for the direct election of United States Senators.
In 1919 an Eighteenth Amendment prohibited the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from, the United States.
A Nineteenth Amendment was adopted in 1920. This declared that the right to vote shall not be denied to any citizen of the United States on account of sex.
506. CONSTITUTIONAL CHANGES THROUGH JUDICIAL INTERPRETATION.—The Federal Constitution has also been modified and developed by judicial interpretation. The United States Supreme Court has maintained that the Federal government possesses not only those powers expressly granted by the Constitution, but also those powers which are included with, or implied from, powers expressly granted. This liberal construction is authorized by the Constitution itself, for the last clause in Section VIII of Article One of that document declares that Congress shall have power to "make all laws which shall be necessary and proper for carrying into execution" its enumerated powers. Under this doctrine of implied powers, the influence of the National government has been markedly extended, chiefly with regard to the war power, the power to regulate interstate commerce, and the power to levy taxes and borrow money.
507. CONSTITUTIONAL CHANGES THROUGH USAGE.—The Federal Constitution has also been modified by the force of custom and political practices. Examples of the power of usage to modify the Constitution are numerous, but a few will suffice to illustrate the principle. Custom has limited the President of the United States to two terms. In conformity with a long-established custom, Presidential electors do not exercise independent judgment, but merely register the vote of their respective constituents. Though the Constitution provides that the appointive power of the President shall be exercised with the advice and consent of the Senate, custom virtually prohibits the Senate from challenging the President's Cabinet appointments. On the other hand, many executive appointments of minor importance are determined solely by members of Congress. Usage decrees that the President alone may remove officers which he has appointed with the advice and consent of the Senate. Lastly, the legislative committee system, as well as the entire machinery of the political party, is the outcome of custom. Concerning these important instruments of practical politics, the Constitution is silent.
1. Point out some similarities among the American colonial governments.
2. Describe some of the earlier attempts at union.
3. What was the nature of the Confederation government?
4. For what specific purpose was the Constitutional Convention convened?
5. What was the Virginia plan? The New Jersey plan?
6. What was the fundamental difference between the Confederation government and the new Federal government?
7. What is the theory of limited government?
8. What two classes of private rights are safeguarded by the Federal Constitution?
9. What is the nature and purpose of the threefold division of powers?
10. To what extent does the Constitution divide powers between Federal and state governments?
11. Outline the nature of interstate relations, as provided for in the Federal Constitution.
12. What is meant by saying that Federal law is supreme?
13. By what four methods may the Federal Constitution be amended?
14. Enumerate and briefly characterize the nineteen amendments to the Federal Constitution.
15. To what extent has the Federal Constitution been modified by judicial interpretation?
16. How may the Constitution be modified by usage? Give some examples.
1. Beard,American Government and Politics, chapter iii.
2. Guitteau,Government and Politics in the United States, chapter xviii.
3. Munro,The Government of the United States, chapter v.
4. Review chapters ii, iii and iv of the text.
1. What were the chief powers of the New England Confederation? (Guitteau, page 208.)
2. What was the nature of the Stamp Act Congress? (Guitteau, pages 208-209.)
3. What was the most fatal weakness of the Confederation government? (Guitteau, page 212.)
4. Outline the movement for constitutional revision. (Beard, pages 42- 44.)
5. Discuss the membership of the Constitutional Convention. (Beard, pages 44-45.)
6. Outline the defects of the Articles of Confederation which were avoided in framing the Federal Constitution. (Beard, pages 53-56.)
7. What were some of the objections to the ratification of the Federal Constitution? (Beard, pages 56-58.)
8. Compare the English and American Constitutions with respect to flexibility. (Munro, pages 57-58.)
9. What effect has constitutional development had upon the division of powers? (Munro, pages 69-70.)
10. Has the development of the Federal Constitution made government more or less democratic? (Munro, page 70.)
1. The protection of your personal liberty under the Federal Constitution.
2. The protection of your property rights under the Federal Constitution.
3. Compare the first eight amendments to the Federal Constitution with the bill of rights in your state constitution.
4. Compare the Federal Constitution with the constitution of your state with respect to length, number of subjects treated, and complexity of language.
5. The process of extradition between your state and neighboring commonwealths.
6. Evolution of the state. (Gettell,Problems in Political Evolution, chapter i.)
7. Nature of Federal government. (Gettell,Readings in Political Science, pages 268-270.)
8. Advantages and disadvantages of Federal government. (Gettell,Readings in Political Science, pages 276-280.)
9. Colonial origins of the Federal Constitution. (Beard,AmericanGovernment and Politics, chapter i; Munro,The Government of theUnited States, chapter i; Reed,Form and Functions of AmericanGovernment, chapter i.)
10. Preliminaries of national government. (Beard,American Government and Politics, chapter ii; Munro,The Government of the United States, chapter ii.)
11. The meaning of "We, the People of the United States," in the Preamble to the Constitution. (Taft,Popular Government, chapter i.)
12. Sovereignty. (Gettell,Introduction to Political Science, chapter viii; Leacock,Elements of Political Science, chapter iv.)
13. Relation of state and Federal governments. (Guitteau,Government and Politics in the United States, chapter xxi.)
14. The supremacy of Federal law. (Munro,The Government of the United States, chapter iv.)
15. The check and balance system. (Gettell,Readings in Political Science, pages 332-336; Forman,The American Republic, chapter iv.)
16. The separation of powers. (Beard,American Government and Politics, pages 152-155; Gettell,Introduction to Political Science, chapter xvii; Leacock,Elements of Political Science, part ii, chapter i.)
17. Interstate relations. (Leacock,Elements of Political Science, chapter vi.)
18. Personal liberty and government. (Cleveland,Organized Democracy, chapter vii; Gettell,Introduction to Political Science, chapter ix.)
19. The doctrine of implied powers. (Guitteau,Government and Politics in the United States, chapter xx.)
20. Evolution of the Federal Constitution. (Kimball,The National Government of the United States, chapter ii.)
21. Is the Federal Constitution too difficult of amendment? Is it too easily amended?
22. Does the Constitution adequately protect state governments against Federal aggression?
23. Has judicial interpretation of the Constitution proved helpful or harmful?
24. Has constitutional modification through usage proved helpful or harmful?
508. ORIGINAL METHOD OF CHOOSING THE PRESIDENT.—The Federal Constitution sought to protect the office of chief magistrate against popular passion by providing for the indirect election of the President. According to the Constitution, each state was to appoint, "in such manner as the legislature thereof may direct," a number of electors equal to the state's combined quota of senators and representatives in Congress. These electors were to meet, each group in its own state, and were to vote by ballot for two persons. These ballots were then to be transmitted sealed to Congress, where the President of the Senate was to open and count them in the presence of both houses. The person receiving the highest number of votes was to be declared President, while the individual obtaining the next highest number was to fill the office of Vice President.
509. CHANGES IN THE ORIGINAL METHOD OF CHOOSING THE PRESIDENT.—Three important changes have been brought about in the original method of choosing the President.
At the beginning of our national history, the state legislatures themselves chose the Presidential electors, but with the spread of democracy the legislatures gradually transferred the choice of these electors to the people. To-day Presidential electors are in every state chosen by popular vote, on a general state-wide ticket.
After the election of 1800 it became apparent that in order to prevent the candidate for Vice President from defeating the candidate for President, there would have to be a separate ballot for each of these officers. In 1804 there was accordingly passed the Twelfth Amendment to the Constitution, providing that Presidential electors should thenceforth cast separate ballots for President and Vice President.
Party politics have effected a third change in the original method of choosing the President. The Constitution evidently intended that the Presidential electors should be men of high repute, and that they should select the nation's chief executive as the result of mature deliberation and independent judgment. But as early as the third Presidential election (1796) it became clearly understood that the electors would merely register the opinions of their constituents. Technically the electors still choose the President; as a matter of fact they exercise no discretion, but merely express decisions previously reached by their respective constituents.
510. PRESENT METHOD OF CHOOSING THE PRESIDENT.—To-day the President of the United States is elected as follows:
Each political party nominates a candidate for the presidency at a national convention held in June or July of the presidential year. At about the same time the various parties in each state nominate the quota of presidential electors to which the state is entitled. The people vote on these electors on the Tuesday following the first Monday in November of each leap year. In each state the electors receiving a plurality assemble at the state capitol on the second Monday in January following their election, and vote directly for President and Vice President. These votes are then certified and sent to the President of the Senate. On the second Wednesday in February, this officer opens them, and in the presence of the two houses of Congress, counts them, and declares elected the candidate who has received the majority of the electoral votes. If no candidate has a majority, the House of Representatives elects one of the three leading candidates, the Representatives from each state casting one vote. In 1800 and again in 1824, the presidential election was thus decided by the House.
511. QUALIFICATIONS.—All persons who are entitled to vote for the most numerous branch of the state legislature are entitled, likewise, to vote in presidential elections. [Footnote: For limitations upon the suffrage in the various states, see Chapter XXXIII, Section 415.]
No presidential elector may hold any office of trust or profit under the United States. By custom electors are also residents of the district from which they are chosen.
The President of the United States must be a natural-born citizen of the United States and must be at least thirty-five years of age. He must also have been a resident of the United States for fourteen years.
512. COMPENSATION.—The President's salary is determined by Congress, but the amount may be neither increased nor decreased for the existing presidential term. Between 1789 and 1873 the presidential salary was $25,000, and in 1873 it was increased to $50,000 a year. Since 1909 the President has received an annual salary of $75,000, plus an allowance for travelling expenses and the upkeep of the White House or Executive Mansion.
513. TERM AND SUCCESSION.—The President-elect is inaugurated on the 4th of March following his election, and serves until the 4th of March four years later. By custom, though not by law, he is limited to two terms.
The Constitution provides that in case the President is removed by impeachment, death, resignation, or inability, his duties shall devolve upon the Vice President. In 1886 the Presidential Succession Act provided that in case of the inability of both President and Vice President the Cabinet officers shall succeed in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, and Secretary of the Interior. No Cabinet officer has ever succeeded to the Presidency, but Presidents Tyler, Fillmore, Johnson, Arthur, and Roosevelt were formerly Vice Presidents who ascended to the Presidency because of the death of the chief executive.
514. THE VICE PRESIDENT.—The Vice President of the United States is elected in the same manner and by the same electors as the President, with this exception: The failure of any Vice-Presidential candidate to receive a majority of the electoral votes permits the Vice President to be chosen by the Senate from the two candidates receiving the highest number of electoral votes. The qualifications for the Vice President are the same as for the President. The Vice Presidents salary is $12,000 a year.
Aside from the fact that he may succeed the President there is little to be said about the Vice President. He presides over the Senate, but he is not a member of that body. He can neither appoint committees, nor even vote, except in case of a tie. Vice Presidents have generally exerted little influence upon national affairs. During President Wilson's second term, neither the President's extended absence in Europe, nor his serious illness at home, operated to increase the influence of the Vice President. Under President Harding's administration, however, Vice President Coolidge was accorded considerable recognition, including the privilege of sitting in the President's Cabinet meetings.
515. GENERAL STATUS OF THE PRESIDENT—The President of the United States acts as the head of the executive branch of government. Since the executive is independent of the other two branches, the President is subject to the control of neither legislature nor judiciary. The President cannot be arrested for any cause whatsoever. No ordinary court has jurisdiction over the Chief Magistrate, though misconduct may result in his being impeached by the Senate of the United States.
The President enjoys extensive powers, some of which are enumerated in the Constitution, [Footnote: Article II] and others of which he has acquired by the force of custom. These powers are divisible into four groups, which may be discussed in the following order: War powers, powers with reference to foreign affairs, administrative powers, and legislative powers.
516. WAR POWERS OF THE PRESIDENT.—Section II of Article II of the Constitution provides that the President shall be "commander-in-chief of the army and navy of the United States, and of the militia of the several states when called into actual service of the United States." In pursuance of this power the President controls and directs the nation's military and naval forces, and appoints all army and naval officers. [Footnote: In time of war, the President may dismiss these officers at will; in time of peace, however, they are removed by court-martial.] The execution of the military law under which the army and navy are governed is also directed by the President. The President may call out the state militia, when in his judgment such action is necessary in order to suppress insurrection, repel invasion, or enforce the laws. In case of war with foreign countries, the President as commander-in-chief assumes full direction of hostilities.
So long as he acts within the bounds of international law, the President may do anything which he deems necessary to weaken the power of the enemy. In the exercise of this right President Lincoln blockaded the southern ports during the Civil War, suspended the writ ofhabeas corpus, declared martial law in many districts, and freed the slaves by proclamation. During the World War (1917-1921), the powers of President Wilson were greatly expanded. For the purpose of bringing the struggle with Germany to a successful termination, Congress conferred upon the President large powers of control over food, fuel, shipbuilding, and the export trade. The railway, telegraph, and wireless systems were taken over by the government under the President's war powers.
An important phase of the President's war powers is the constitutional charge to take care that the laws be faithfully executed. Usually the administration of law is a peaceful process, but when the civil authorities are rendered powerless by persons defying Federal law, the President may use his military power to restore order. On three notable occasions the President has enforced the laws by the use or display of military force. In 1794 President Washington called out the militia of four states to suppress the Whiskey Rebellion. During the Civil War, President Lincoln resorted to military force to execute the laws. Again, in 1894, President Cleveland used regular troops to prevent railway strikers in Chicago from interfering with the Federal mails.
517. CONTROL OVER FOREIGN AFFAIRS.—The Constitution vests in the President the power to negotiate treaties and conventions with foreign nations. In practice the President usually acts through the Secretary of State. During the process of negotiation it is customary for the President to consult with the Senate committee on foreign relations, as well as with the leaders of the senatorial majority. Such consultation is a wise step, because no treaty may become law unless ratified by the Senate.
The President receives diplomatic representatives from foreign countries. This is largely a ceremonial duty, but it may involve serious consequences. When the independence of a foreign country is in doubt, or when the representative of any nation is personally objectionable to our government, the President may refuse to receive the foreign representative. In case relations between this and a foreign country become strained, or in case the representative of a foreign power is guilty of misconduct, the President may request the withdrawal of, or may even dismiss, the foreign representative. This severance of diplomatic relations may lead to war.
The President has the further power to appoint diplomatic representatives to foreign countries. We send ambassadors to the more important countries, ministers-resident to most countries, envoys extraordinary or ministers-plenipotentiary to several countries, and commissioners for special purposes. In the absence of the permanent diplomatic representative some minor officer takes temporary charge, and is known as thechargÚ d'affaires ad interim. All of the President's diplomatic appointments must be confirmed by the Senate, but the President acting alone may remove any diplomatic officer. Such removal is at the pleasure of the President. The term of office enjoyed by diplomatic representatives is not fixed by law, but due to the influence of the spoils system, it often terminates when a new President assumes office.
Besides diplomatic officers, who are charged with political duties, our foreign service comprises various grades of consuls, or commercial representatives. The President and the Senate likewise choose consular officers, but from lists of persons who have qualified under the merit system. Promotion and removal are determined by Civil Service rules.
518. ADMINISTRATIVE POWERS OF THE PRESIDENT.—The chief administrative function of the President is to carry into effect the laws of the United States. In the discharge of this duty the President is aided by a large number of subordinate officials, who, directly or indirectly, are responsible to him as head of the administration. Altogether there are more than half a million officials in the executive civil service of the United States.
Over the appointment of these numerous officers the President has a varying measure of control.
He alone appoints a few executive officials, such as his private secretary and the members of his Cabinet. The latter are nominally chosen by the President and the Senate, but in practice the Senate universally approves Cabinet appointments sent in by the President. Officers in this first group may be removed only by the President.
The President and the Senate together select about 12,000 of the more important executive officers. These include diplomatic agents, Federal judges, most military and naval officers, collectors of customs and internal revenues, and many others. In the case of minor positions to be filled within a congressional district, the President usually confers with the Representative from that district, if that Representative is of the President's party. If such Representative is not of the President's party, the candidate for the position is really selected by the Senators from the proper state. [Footnote: Provided, of course, that these Senators belong to the same political party as the President. ] The more important positions in this group are filled by the Senators from the state in which the vacancy exists, the President ratifying such selections as a matter of course. Officers in this second group are removable only by the President.
More than 300,000 of the minor executive positions are now filled by the Civil Service Commission. Persons entering office through the merit system, may be removed only for a cause which will promote the efficiency of the service.
In addition to his administrative duties, the President has the power to grant reprieves and pardons for offenses against the United States, except in the case of impeachment. A pardon fully exempts the individual from the punishment imposed upon him by law; a reprieve, on the other hand, is simply a temporary suspension of the execution of a sentence.
519. LEGISLATIVE POWERS OF THE PRESIDENT.—Though primarily an executive officer, the President enjoys important powers over legislation.
The President may convene either or both houses of Congress on extraordinary occasions. For example, he may call an extra session of Congress to consider such questions as the tariff, currency reform, or a treaty.
The President has the right to send messages to Congress from time to time during his term. The recommendations contained in these messages exert some direct influence upon legislation, and are important in formulating public opinion outside of Congress.
Indirectly the President exerts a considerable influence upon legislation by bringing political pressure to bear upon the Congressional leaders of his party. He also exerts some influence upon legislation by the use of the patronage which accompanies his appointing power. This influence is important as breaking down the barriers between the executive and legislative branches of government.
The President may issue ordinances which have the force of law. As commander-in-chief of the army and navy, he may issue ordinances for their regulation. In pursuance of the duty to enforce the laws, the President may issue ordinances prescribing uniform means for the enforcement of the statutes. He may issue ordinances for specific purposes, as, for example, Congress in 1912 authorized the President to issue legislative ordinances for the government of the Canal Zone.
Very important is the President's veto power. The President may veto any bill or joint resolution passed by Congress, with the exception of joint resolutions proposing Constitutional amendments. But the President must veto the bill as a whole, and not particular items. Even though vetoed by the President, a bill may still become law by being passed by a two-thirds vote in each house of Congress. In spite of these restrictions, the President exerts a considerable influence upon legislation by the use of the veto, or by the threat that he will employ it. Most authorities regard the veto power as a wholesome check upon harmful and unwise legislation.
1. Describe the original method of choosing the President.
2. Outline the three important changes which have taken place in the original method of choosing the President.
3. Describe the present method of choosing the President.
4. What are the qualifications for Presidential electors? For President?
5. What is the compensation of the President?
6. What is the nature of the Presidential Succession Act?
7. Discuss the Vice Presidency.
8. Into what four groups may the powers of the President be divided?
9. Enumerate the chief war powers of the President.
10. What is the extent of the President's treaty-making power?
11. Outline the President's duties with respect to appointing and receiving foreign representatives.
12. What is the chief administrative function of the President?
13. Discuss the President's power to grant pardons and reprieves.
14. Explain the ordinance-issuing power of the President.
15. What is the extent of the President's veto power?
1. Beard,American Government and Politics, chapter x.
2. Guitteau,Government and Politics in the United States, chapter xxv.
3. Munro,The Government of the United States, chapter viii.
4. Reed,Form and Functions of American Government, chapter xix.
1. Outline the work of the national convention. (Reed, pages 228-229.)
2. Describe the presidential campaign. (Reed, pages 233-234.)
3. Why was the presidential election of 1876 disputed? (Guitteau, pages 288-289.)
4. Describe the inaugural ceremony. (Guitteau, page 292.)
5. What is the origin of the President's right to remove officers appointed by him? (Beard, page 193.)
6. How did President Roosevelt once succeed in carrying out the terms of an international agreement without the consent of the Senate? (Beard, pages 197-198.)
7. Why was the veto power originally bestowed upon the President? (Beard, page 202.)
8. What is the rule of senatorial courtesy? (Munro, page 107.)
9. What is the pocket veto? (Munro, page 118.)
10. What is the President's relation to the courts? (Munro, pages 124- 125.)
11. What is the method of impeaching a President? (Reed, pages 237- 238.)
1. The part played by your state in the last Presidential election.
2. Extent to which the President of the United States has made use of the militia of your state.
3. Compare the powers of the President of the United States with the powers of the Governor of your state.
4. Cabinet officers, past or present, who were natives of your state.
5. List some of the offices within the bounds of your state which are filled, directly or indirectly, by the President of the United States.
6. The biography of some one President. (Consult an encyclopedia, standard works on American history, and special biographies.)
7. The history of some one important Presidential election. (Consult a standard history of the United States.)
8. The inauguration of a President. (Reinsch,Readings on American Federal Government, pages 1-5.)
9. The war powers of the President. (Reinsch,Readings on American Federal Government, pages 22-32.)
10. Federal intervention in the Chicago strike of 1894. (Reinsch,Readings on American Federal Government, pages 32-46.)
11. The treaty-making power. (Reinsch,Readings on American Federal Government, pages 79-127.)
12. The presidential power of appointment. (Taft,Our Chief Magistrate and His Powers, chapter iii.)
13. The pardoning power of the President. (Taft,Our Chief Magistrate and His Powers, chapter v.)
14. The presidential veto. (Taft,Our Chief Magistrate and His Powers, chapter i.)
15. The President at work. (Reinsch,Readings on American Federal Government, pages 5-10.)
16. The President as party leader. (Jones,Readings on Parties and Elections in the United States, pages 205-211.)
17. Relations of the executive and legislative branches of the National government. (Beard,American Government and Politics, pages 205-214.)
18. The impeachment of President Johnson. (Consult any general work on American history, or an encyclopedia.)
19. "Why great men are not chosen Presidents." (Bryce,The American Commonwealth, vol. i, chapter viii.)
20. Would a single presidential term of six years be preferable to the present custom of electing a President for not more than two four-year terms?
21. Should the President be chosen directly by the people, without resort to the electoral college?
22. Does Congress exercise too little control over the choice of the President's Cabinet?
23. Advantages and disadvantages of the veto power. (See Munro,The Government of the United States, page 119.)
24. Should the President be permitted to veto separate items in a bill?
520. DEVELOPMENT OF THE FEDERAL EXECUTIVE.—The President is the head of the Federal executive, but in the performance of his numerous administrative duties he is aided by a number of subordinate officers.
No executive departments were directly established by the Constitution, but that document evidently assumes their existence, for it clearly states that the President "may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices." [Footnote: Article II, Section II, of the Constitution.]
President Washington was authorized by Congress to appoint three assistants: a Secretary of State, a Secretary of the Treasury, and a Secretary of War. With the development of governmental functions, additional departments have been created. Congress established the Post Office Department in 1794, the Navy Department in 1798, the Department of the Interior in 1849, the Department of Justice in 1870, the Department of Agriculture in 1889, the Department of Commerce in 1903, and the Department of Labor in 1913. At present, then, there are ten Federal executive departments, all of them under the direct control of the President.
521. THE CABINET.—The heads of these ten departments are appointed by the President, nominally with the consent of the Senate. They may be removed only by the President, and by him at will. Neither in the Constitution nor in the statutes of Congress is there provision for a Cabinet, but as the result of custom which has been formulating since Washington's second term the heads of the Federal executive departments have come to constitute, in their collective capacity, the President's Cabinet. Cabinet meetings are generally held twice a week, or oftener, as the President desires.
The American Cabinet should not be confused with the Cabinet in Great Britain and other European countries. In Europe the Cabinet is generally a parliamentary ministry, that is to say, a group of men chosen from the majority party in the legislature. These Cabinet members, or ministers, sit in the legislature, propose laws, and defend their measures on the floor. They are held responsible for the national administration. This means that when the majority of the legislature fails to support them they are expected to resign, in order that the opposition party may form a new Cabinet.
Quite different is the American Cabinet. This body is advisory only, and the President may disregard the advice of any or all of its members. The Cabinet in this country is accountable only to the President. The attitude of Congress toward Cabinet officers has nothing to do with the tenure of office of these executive heads. Cabinet members do not sit in Congress; they do not, in the capacity of Cabinet officers, introduce or defend legislation; and they are not held responsible for the administration.
522. HEADS OF DEPARTMENTS AS ADMINISTRATIVE OFFICERS.—Collectively the heads of the ten executive departments act as the President's Cabinet; individually they administer their respective departments. Though responsible to the President and at all times working under his direction, the heads of departments are allowed a wide range of independence. Department heads may appoint and remove at will a large number of minor officers in their respective departments, though of late years this power has been considerably restricted by Civil Service rules. The exact scope of the work of the various departments is largely denned by law. Within the limits thus set, the head of the department is free to make regulations affecting the conduct of departmental business. To expedite business, the work of each department is divided and subdivided among numerous bureaus, boards, and commissions, functioning under the general direction of the head of the department.
523. THE DEPARTMENT OF STATE.—Without doubt the most important of the subordinate executive officers is the Secretary of State. His most pressing duty is to conduct foreign affairs in accordance with the wishes of the President. In pursuance of this duty, the Secretary of State issues instructions to diplomatic and consular officers, issues passports to American citizens going abroad, and otherwise exercises control of matters touching foreign relations.
Important domestic duties devolve upon the Secretary of State. When the President desires to communicate with the Governors of the several states, he acts through the Secretary of State. The Secretary is the custodian of the Great Seal of the United States. It is he who oversees the publication of the Federal statutes. The Secretary of State likewise has charge of the archives containing the originals of all laws, treaties, and foreign correspondence.
Much of the work of the Department of State is performed through bureaus, the titles of which indicate their respective functions. Of these bureaus the following are the more important: the diplomatic bureau, the consular bureau, the bureau of accounts, the bureau of indexes and archives, the bureau of rolls and library, the bureau of appointments, and the bureau of citizenship. Each of these bureaus is headed by a chief who is directly responsible to the Secretary of State. In addition to these chiefs of bureaus, the Secretary is aided by three assistant secretaries of state.
524. DEPARTMENT OF THE TREASURY.—Supervision of the national finances is the chief business of the Secretary of the Treasury. The Secretary annually submits to Congress estimates of probable receipts and expenditures, and supervises the collection of customs and internal revenues. He also issues warrants for all moneys paid out of the treasury.
The scope of the department's work may be indicated by an enumeration of its chief officers. These include the Secretary himself, three assistant secretaries, six auditors, the treasurer, the comptroller of the treasury, the director of the mint, the register, the comptroller of the currency, the commissioner of internal revenue, the director of the bureau of engraving and printing, the chief of the secret-service department, the captain commandant of the coast guard, the superintendent of the life-saving service, the surgeon-general of the public health service, the supervising architect, and the farm loan commissioner.
525. THE DEPARTMENT OF WAR.—National defense is the chief concern of the Secretary of War. Coast fortifications, the supervision of navigation, and river and harbor improvements fall within the scope of the department. Our insular possessions are administered by the Secretary of War. It is also the duty of this officer to prepare estimates of the expenses of his department, to supervise all expenditures for the support and transportation of the army, and to take charge of the issuance of orders for the movement of troops. In addition, he has charge of the Military Academy at West Point, and recommends all appointments and promotions in the army service.
Under the Secretary of War are grouped a number of administrative bureaus, each headed by an army officer detailed for a period of four years. Of these officers the following are the more important: the inspector-general, the quartermaster-general, the adjutant general, the surgeon-general, the chief of engineers, the chief of ordnance, the chief signal officer, the chief of the coast artillery, the judge advocate general, the provost-marshal general, and the chief of the bureau of insular affairs.
526. THE DEPARTMENT OF THE NAVY.—The Department of the Navy is likewise concerned with national defense. While less important than the Department of War, the Department of the Navy is steadily gaining in prestige. The Department is in charge of a Secretary, aided by an assistant secretary. It is the duty of the Department of the Navy to superintend the construction and armament of war vessels, and in addition exercise a supervisory control over the naval service. The Naval Academy at Annapolis and the Naval War College at Newport are in charge of the Department of the Navy.
The administrative work of the Department is carried on by seven bureaus, most of them in charge of line officers of the Navy, working directly under the Secretary. These bureaus are as follows: the bureau of navigation, the bureau of ordnance, the bureau of yards and docks, the bureau of supplies and accounts, the bureau of steam engineering, the bureau of medicine and surgery, and the bureau of construction and repairs.
527. THE DEPARTMENT OF JUSTICE.—This Department is headed by the Attorney-General, who acts as the chief legal adviser of the National government. It is his duty to represent the government in all cases to which the United States is a party. It is he who conducts proceedings against corporations or individuals who violate the Federal laws. General supervision over all Federal district attorneys and marshals is exercised by the Attorney-General. This officer likewise examines the titles of lands which the government intends to purchase. The Attorney-General has a supervisory charge of the penal and reformatory institutions which are Federal in character. Applications for pardons by the President are investigated by the Attorney-General. Still another of his duties is to superintend the codification of the Federal criminal laws.
In these various duties the Attorney-General is assisted by an under- officer known as the solicitor-general.
528. THE POST OFFICE DEPARTMENT.—This Department, headed by the Postmaster-General, has general charge of the postal service. The Postmaster-General awards contracts for the transportation of the mails, and directs the management of the domestic and foreign mail service. The handling of money orders, the parcels post system, and the postal savings banks come under the control of the Postmaster- General. Of great importance is the power of this officer to bar from the mails publications which are fraudulent or otherwise obnoxious.
Working under the Postmaster-General are four assistant postmasters- general, each in general charge of a group of services within the department.
529. DEPARTMENT OF THE INTERIOR.—Aided by two assistant secretaries, the Secretary of the Interior performs a number of important functions. He has charge of all public lands, including national parks. The handling of Indian affairs constitutes one of his duties. The territories of Alaska and Hawaii come under the direct supervision of this department.
Many miscellaneous functions are performed by the various bureaus within the department. Patents, pensions, and the geological survey come within the purview of the department. The Secretary of the Interior has charge of the distribution of government appropriations to various educational institutions. A general supervision over a number of charitable institutions within the District of Columbia is also exercised by this officer.
530. DEPARTMENT OF AGRICULTURE.—All matters pertaining to agriculture in the widest sense are the concern of the Department of Agriculture. Under the direction of the Secretary the Department issues a large number of scientific and technical publications, including the Agricultural Yearbook, the series of Farmers' Bulletins, the Monthly Weather Review, and the Crop Reporter. Quarantine stations for imported cattle, and the inspection of domestic meats and imported food products are concerns of the various bureaus within the Department. Of great importance is the work of the weather bureau in sending out storm, flood, frost, and drought warnings.
An increasingly important phase of the Department's work is the Forest Service, the work of which has been described in Chapter XXX. An important bureau is the bureau of animal industry, which combats animal diseases and gives advice concerning the best breeds of poultry and cattle. The bureau of plant industry ransacks the world for new crops suitable for our soils, and gives fruit-growers and farmers advice concerning plant parasites. Insect pests are the concern of the entomology division. Additional functions of the Department of Agriculture may be indicated by an enumeration of some of the more important of its remaining bureaus and divisions. These include the bureau of chemistry, the bureau of soils, the bureau of statistics, the bureau of crop estimates, the office of public roads and rural engineering, the Federal horticultural board, and the bureau of markets.
531. THE DEPARTMENT OF COMMERCE.—In 1913 what for ten years had been known as the Department of Commerce and Labor was divided into two separate departments, a Department of Commerce and a Department of Labor.
The chief duty of the Department of Commerce is to foster the foreign and domestic commerce of the United States. To promote our mining, manufacturing and fishing industries, and to develop our transportation facilities are, therefore, among the aims of this department. The census, the coast survey and lighthouses, and steamboat inspection are concerns of the Department of Commerce. The scope of the Department, which is increasing rapidly, may be indicated by an enumeration of the more important bureaus grouped within it. These include the bureau of foreign and domestic commerce, the bureau of census, the bureau of lighthouses, the bureau of coast and geodetic survey, the steamboat inspection service, the bureau of navigation, the bureau of standards, and the bureau of fisheries.
532. THE DEPARTMENT OF LABOR.—Though at present the functions of the Department of Labor are fewer than those of the other Departments, they are being rapidly expanded by the extension of government interest in industry. The Department is concerned with practically all matters which affect labor conditions in the United States.
The Department of Labor collects and publishes information upon all subjects connected with labor and capital, the hours and wages of labor, and methods of improving the condition of the working classes. It seeks to encourage industrial good will, and to adjust labor disputes peaceably. An important bureau within the Department is the bureau of immigration, which, under the direction of the commissioner- general of immigration, is concerned with the administration of our immigration laws. The bureau of naturalization keeps a record of immigrants, and supervises their naturalization. Of growing importance is the children's bureau, which investigates matters having to do with child labor, infant mortality, orphanage, and the work of the juvenile courts.
533. MISCELLANEOUS BOARDS AND COMMISSIONS.—In addition to the executive departments which have been briefly discussed, the Federal administration includes many independent boards, bureaus, and commissions which perform duties not assigned to any of the ten departments. These agencies have been established from time to time under the authority of Congressional statutes. The chiefs of the bureaus and the members of the boards and commissions are appointed by the President and the Senate, most of them for a term ranging between six and twelve years. These officials are largely experts, who happily are sufficiently exempt from the spoils system to stand a fair chance of surviving a change of administration.
Among the more important of these boards and commissions are the following: The Federal Reserve Board, the Federal Farm Loan Board, the Federal Board for Vocational Education, the Federal Trade Commission, the Interstate Commerce Commission, the United States Tariff Commission, and the Civil Service Commission. The nature and functions of most of these administrative agencies have been discussed elsewhere in the text, and need not be gone into here.
1. Trace briefly the development of the Federal executive departments.
2. What is the nature of the President's Cabinet?
3. Contrast the American with the European cabinet.
4. What function do the heads of departments perform individually?
5. What are the chief functions of the Secretary of State?
6. Enumerate the more important officers working under the direction of the Secretary of the Treasury.
7. Describe the work of the Department of War.
8. What are the chief functions of the Secretary of the Navy?
9. What are the chief duties of the Attorney-General?
10. Describe the work of the Post Office Department.
11. What types of work are the concern of the Department of the Interior?
12. Discuss briefly the work of the Department of Agriculture.
13. What is the function of the Department of Commerce? Of the Department of Labor?
14. Name some of the more important boards and commissions which are independent of the ten executive departments.
1. Beard,American Government and Politics, chapter ii.
2. Guitteau,Government and Politics in the United States, chapter xxvii.
3. Munro,The Government of the United States, chapter ix.
4. Reed,Form and Functions of American Government, chapter xxiv.
1. Outline the duties which are common to the heads of all of the executive departments. (Beard, pages 216-218.)
2. Contrast the National administration with the state administration. (Reed, pages 286-287.)
3. What is the purpose of the Library of Congress? (Reed, pages 298- 299.)
4. Describe the work of the General Land Office under the Department of the Interior. (Guitteau, pages 318-319.)