Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
Twenty-nine, provides that town clerks, supervisors, assessors, constables
and collectors, and all other officers heretofore elegible by the people,
shall always continue to be so elegible.
Thirty, directs the mode how the delegates to represent this state in the
general Congress of the United States shall be elected.
I apprehend that the paragraphs aforesaid will be compleatly rendered
unoperative by the following articles in the new constitution:
Second article, second section, second clause, the president “shall have
power, and by and with the advice and consent of the Senate, shall appoint
embassadors, other public ministers and consuls, judges of the supreme
court, and all officers of the United States where appointments are not
herein otherwise provided for, and which shall be established by law; but
the Congress may by law vest the power of such inferior officers as they
think proper, in the president alone, in the courts of law, or in the
heads of departments.” By the 1st art., 8 section, 9, 18 clauses, Congress
have power “to constitute tribunals inferior to the supreme court, to make
all laws which shall be necessary and proper for carrying into execution
the foregoing powers, and all other powers vested by this constitution in
the government of the United States, or in any department or officer
thereof.”
By the third article, 2d section, there is an extensive federal power as
above-mentioned.
By the 2d article, 2d section, the president “shall take care that the
laws be faithfully executed, and shall commission all the officers of the
United States.”
From these powers lodged in Congress and the powers vested in the states,
it is clear that there must be a government within a government, two
legislative, executive and judicial powers. The power of raising an army
in time of peace, and to command the militia, will give the president
ample means to enforce the Supreme laws of the land.
XXIII, SEC. 21; XXIV, SEC. 21; XXV, SEC. 21; XXVI, SEC. 21; XXVII, SEC.
21; XXVIII, SEC. 21; XXIX, SEC. 21; XXX, SEC. 21; XXXI, SEC. 2; XXXII,
XXXIII, XXXIV.
The 32d paragraph orders, “That a court shall be instituted for the trial
of impeachments and the correction of errors under the regulations which
shall be established by the legislature, and to consist of the president
of the senate for the time being, and the senators, chancellors and judges
of the supreme court.”
The 33d vests the power of impeaching all officers of the state for mal
and corrupt practice in the representatives of the people in assembly.
The 34th allows the parties impeached or indicted for crimes and
misdemeanors to have counsel.
This system is undermined and rendered nugatory by 1st art., 6th and 7th
clauses, where the senate in the new constitution, have the trial and
judgment on all impeachments.
By 3d art., 2d sec, 3d clause, the trial of all crimes is regulated.
Public-domain text, read in full here on John Shaqi.
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