Page:The American Democrat, James Fenimore Cooper, 1838.djvu/41

 ON THE POWERS OF THE EXECUTIVE.

The president "sees the laws faithfully executed." In order to render this power efficient, he appoints to office and removes all officers, but the judges, and those whom they are authorized by congress to appoint, who form an independent portion of the government. As this has been a disputed authority, it may be well to explain it more distinctly.

The president nominates to the senate, and with its "advice and consent," appoints all the officers of the government, with the exception of those whose appointment congress has authority to vest, by law, in the heads of departments, or in the courts of justice. The functionaries appointed by the courts of law are not removable, either directly, or indirectly, by the president, that branch of the government being independent, and not executing, but merely interpreting the laws. Although the president cannot remove the officers who are appointed by the heads of departments, he can remove those heads of departments themselves, thereby securing a prompt and proper execution of their duties. In this manner all the executive agents are subject to the supervisory power of the president, as, there can be no just doubt, was the intention of the constitution.

The right of the president to remove from office has been disputed, but on insufficient grounds. Unless the constitution shall be so interpreted as to give him this power, all officers must hold their places until