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
The resolution of the Senate as originally framed and as passed, if it
refers to these acts, presupposes a right in that body to interfere with
this exercise of Executive power. If the principle be once admitted, it
is not difficult to perceive where it may end. If by a mere denunciation
like this resolution the President should ever be induced to act in a
matter of official duty contrary to the honest convictions of his own
mind in compliance with the wishes of the Senate, the constitutional
independence of the executive department would be as effectually
destroyed and its power as effectually transferred to the Senate as if
that end had been accomplished by an amendment of the Constitution. But
if the Senate have a right to interfere with the Executive powers, they
have also the right to make that interference effective, and if the
assertion of the power implied in the resolution be silently acquiesced
in we may reasonably apprehend that it will be followed at some future
day by an attempt at actual enforcement. The Senate may refuse, except
on the condition that he will surrender his opinions to theirs and obey
their will, to perform their own constitutional functions, to pass the
necessary laws, to sanction appropriations proposed by the House of
Representatives, and to confirm proper nominations made by the
President. It has already been maintained (and it is not conceivable
that the resolution of the Senate can be based on any other principle)
that the Secretary of the Treasury is the officer of Congress and
independent of the President; that the President has no right to control
him, and consequently none to remove him. With the same propriety and on
similar grounds may the Secretary of State, the Secretaries of War and
the Navy, and the Postmaster-General each in succession be declared
independent of the President, the subordinates of Congress, and
removable only with the concurrence of the Senate. Followed to its
consequences, this principle will be found effectually to destroy one
coordinate department of the Government, to concentrate in the hands
of the Senate the whole executive power, and to leave the President
as powerless as he would be useless--the shadow of authority after
the substance had departed.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account