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 THE GREEN BAG function vested in Congress by the Consti tution.

EXECUTIVE. By virtue of Article II, section i, "The executive power shall be vested in a Presi dent of the United States of America." His term is four years. Provision is made for his election; his qualifications are pre scribed; vacancies are provided for. His compensation is not to be increased or diminished during the period for which he shall have been elected. He is to take an oath "to faithfully execute the office of President of the United States," and to "protect and defend the Constitution of the United States." He is commander-in-chief of the army and navy and of the militia of the several States when in the service of the United States. He may grant reprieves and pardons, except in cases of impeachment. He can make treaties "by and with the advice and consent of the Senate". . . ' ' provided two thirds of the Senators pres ent concur." He can nominate and "by and with the consent of the Senate" appoint certain specified officials, and Congress is authorized to control this power, by vesting the appointment of such inferior officers "in the Courts of Law, or in the head's of departments," a substantial modification of the executive power. He has power to fill all vacancies "that may happen during the recess of the Senate." "He shall from time to time give to the Congress informa tion of the state of the Union and recommend to their consideration such measures as he shall judge necessary and expedient; he may on extraordinary occasions convene both houses, or either of them, and in case of a •disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed; and shall com mission all the officers of the United States." He is removable only by impeachment. His

affirmative powers could be concisely stated in a short paragraph. This summary - clearly shows what "the office" is that he is sworn to "faithfully execute," and that he is not roaming at will upon a boundless sea, without chart or compass, as in these days is sometimes intimated. The oath neither adds to, nor takes from, his powers. Under the treatymaking power a persistent effort is being made to aggrandize the executive and the Senate at the expense of the legislative department. It is a vicious and unconsti tutional pretension, and of necessity it must deprive the country of its greatest safeguard. The right is asserted by reciprocity treaties to amend tariff schedules. Standing alone, considered apart from the other provisions of the Constitution, the treaty-making power is unlimited and without any qualification. "He shall have power by and with the con sent and advice of the Senate, to make treaties, provided two-thirds of the Senate present concur." (Con., Art. II, sec. 2.) "And all treaties made, or which shall be made under the authority of the United States, shall be the Supreme Law of the land." (Con., Art. VI.) Is this power unlimited? Clearly not. A treaty, like an act of Congress, with which it stands on an equal footing, may be an unconstitutional exercise of power. For instance, if a treaty undertook to deny the essential rights of liberty, secured by the express terms of the Constitution to the people, it would, as would a like act of Congress, be unconstitutional and void. In order to be "the Supreme Law of the Land " it must be made "under the author ity of the United States." It would be absurd to claim that it was the "Supreme Law of the Land" if made in express viola tion of the provisions of the Constitution, from which alone it derives its "authority." This power, then, is necessarily limited by the provisions of the Constitution that expressly or by fair implication are incon sistent with the exercise of unlimited power.