A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
History
A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
If the resolution had been left in its original form it is not to be
presumed that it could ever have received the assent of a majority
of the Senate, for the acts therein specified as violations of the
Constitution and laws were clearly within the limits of the Executive
authority. They are the "dismissing the late Secretary of the Treasury
because he would not, contrary to his sense of his own duty, remove the
money of the United States in deposit with the Bank of the United States
and its branches in conformity with the President's opinion, and
appointing his successor to effect such removal, which has been done."
But as no other specification has been substituted, and as these were
the "Executive proceedings in relation to the public revenue"
principally referred to in the course of the discussion, they will
doubtless be generally regarded as the acts intended to be denounced as
"an assumption of authority and power not conferred by the Constitution
or laws, but in derogation of both." It is therefore due to the occasion
that a condensed summary of the views of the Executive in respect to
them should be here exhibited.
By the Constitution "the executive power is vested in a President
of the United States." Among the duties imposed upon him, and which he
is sworn to perform, is that of "taking care that the laws be faithfully
executed." Being thus made responsible for the entire action of the
executive department, it was but reasonable that the power of
appointing, overseeing, and controlling those who execute the laws--a
power in its nature executive--should remain in his hands. It is
therefore not only his right, but the Constitution makes it his duty,
to "nominate and, by and with the advice and consent of the Senate,
appoint" all "officers of the United States whose appointments are not
in the Constitution otherwise provided for," with a proviso that the
appointment of inferior officers may be vested in the President alone,
in the courts of justice, or in the heads of Departments.
The executive power vested in the Senate is neither that of "nominating"
nor "appointing." It is merely a check upon the Executive power of
appointment. If individuals are proposed for appointment by the
President by them deemed incompetent or unworthy, they may withhold
their consent and the appointment can not be made. They check the
action of the Executive, but can not in relation to those very subjects
act themselves nor direct him. Selections are still made by the
President, and the negative given to the Senate, without diminishing his
responsibility, furnishes an additional guaranty to the country that the
subordinate executive as well as the judicial offices shall be filled
with worthy and competent men.
Public-domain text, read in full here on John Shaqi.
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