Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
5. The power to grant pardons for offenses against the laws of the
United States.
=Execution of the Laws.=--The President is the head of the executive
branch of the government, and it is his duty to see that the
Constitution is preserved, protected, and defended, and that the laws
enacted in pursuance thereof, the treaties made under its authority, and
the decisions rendered by the federal courts are enforced throughout the
United States. For these purposes the army, the navy, and the militia
are at his disposal, and in case of resistance to the laws and authority
of the United States, they may be employed by him in such manner as he
may direct, to overcome such resistance. Moreover, nearly all the civil
and military officers of the United States are appointed by him and are,
to a large degree, subject to his direction.
_The President's Responsibility._--Unlike the state governments, the
national government is so organized as to concentrate the power and the
responsibility for the enforcement of the laws in the hands of a single
executive. Those who are charged with aiding him in carrying out the
government are his own appointees, and their responsibility is primarily
to him alone.
=Power of Appointment.=--The Constitution declares that the President
shall, with the "advice and consent" of the senate, appoint all officers
of the United States whose appointment is not otherwise provided for by
the Constitution, except that Congress may vest the appointment of
inferior officers in the President alone, in the courts of law, or in
the heads of departments.[76] This is one of the most important powers
devolving upon the President, and probably consumes more of his time
than all his other duties together. In the early days of the
Constitution, the number of appointments was small, but as the
government service expanded, the number of offices to be filled steadily
increased until there are now about 11,000 important presidential
offices, that is, offices filled by the President and the senate. The
tenure of office act of 1820 fixed the terms of the great bulk of
federal offices at four years, and even where the term is not prescribed
by statute, it is the custom for most appointees to be replaced at the
expiration of four years, so that in practice the four-year tenure is
universal, except for federal judges, and each President must during his
term make appointments to nearly all the presidential offices. In making
these appointments he is not limited by any constitutional or statutory
requirements in regard to qualifications. He is the sole judge of the
fitness of candidates for appointments. The only limitation upon his
power is the necessity of securing the approval of the senate, a
requirement already discussed in chapter x, pages 190-191.
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