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
=Power of Direction.=--Resulting from the power of removal is the power
of the President to direct the officers whom he appoints, in regard to
the discharge of their duties. Through the threat of removal, he may
compel obedience to his orders, though of course he cannot require an
officer to do an act which would amount to a violation of the law. Many
of the duties of federal officers are prescribed by law, and the
President cannot change these duties or require an officer to do his
duty differently from the way in which the law requires him to do it.
But the law expressly recognizes that the President has the power to
direct many officers as to their duties. Thus the secretary of state in
the negotiation of treaties and the settlement of disputes with foreign
countries is almost wholly under the control of the President. The
President may instruct him to begin negotiations with a particular
government or to cease negotiations, and the secretary must obey his
orders. So the President may direct the secretary of war in regard to
the disposition of the armed forces. In the same way he may order the
attorney-general to prosecute a "trust" or institute proceedings against
any violator of the federal laws, or may direct him to drop proceedings
once begun. Some officers, however, such as the secretary of the
treasury and the postmaster-general, are less under the direction of the
President, their duties being prescribed with more or less detail by
acts of Congress.[78]
[78] The act organizing the treasury department requires the secretary
of the treasury to make his annual report to Congress, while the other
cabinet heads make their reports to the President. It was the evident
intention of Congress to keep the secretary of the treasury more
closely under the control of the representatives of the people.
=The Civil Service System.=--For a half century following the
introduction of the spoils system by President Jackson, both parties
acted on the principle that the offices of the federal government were
the legitimate spoils of victory at the polls. Under such circumstances
the public service was demoralized and enfeebled, and the time of the
President and heads of the departments was taken up with considering
applications for office when it should have been devoted to more
important matters. After the Civil War, a movement was started which had
for its purpose the establishment of the merit system in the public
service and the elimination of the spoils system.
Public-domain text, read in full here on John Shaqi.
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