History of the Impeachment of Andrew Johnson, President of the United States, by the House of Representatives, and his trial by the Senate for high crimes and misdemeanors in office, 1868Ross, Edmund G. (Edmund Gibson)
History
History of the Impeachment of Andrew Johnson, President of the United States, by the House of Representatives, and his trial by the Senate for high crimes and misdemeanors in office, 1868
Ross, Edmund G. (Edmund Gibson)
Johnson, Andrew, 1808-1875 -- Impeachment
These revisions are qualified by a reservation in the fourth section,
"that nothing contained in the bill shall be construed to extend the
term of any office the duration of which is limited by law." In effect
the bill provides that the President shall not remove from their places
any of the civil officers whose terms of service are not limited by law
without the advice and consent of the Senate of the United States. The
bill, in this respect, conflicts, in my judgment, with the Constitution
of the United States. The question, as Congress is well aware, is by no
means a new one. That the power of removal is constitutionally vested
in the President of the United States is a principle which has been not
more distinctly declared by judicial authority and judicial commentators
than it has been uniformly practiced upon by the legislative and
executive departments of the Government. The question arose in the House
of Representatives so early as the 16th day of June, 1789, on the bill
for establishing an executive department, denominated "The Department of
Foreign Affairs." The first clause of the bill, after recapitulating the
functions of that officer and defining his duties, had these words: "To
be removable from office by the President of the United States." It was
moved to strike out these words, and the motion was sustained with
great ability and vigor. It was insisted that the President could not
constitutionally exercise the power of removal exclusive of the Senate;
that the Federalist so interpreted the Constitution when arguing for its
adoption by the several States; that the Constitution had nowhere
given the President power of removal, either expressly or by strong
implication; but on the contrary, had distinctly provided for removals
from office by impeachment only. A construction which denied the power
of removal by the President was further maintained by arguments drawn
from the danger of the abuse of the power; from the supposed tendency
of an exposure of public officers to capricious removal; to impair the
efficiency of the civil service; from the alleged injustice and hardship
of displacing incumbents, dependent upon their official stations,
without sufficient consideration; from a supposed want of responsibility
on the part the President, and from an imagined defect of guarantees
against a vicious President, who might incline to abuse the power.
Public-domain text, read in full here on John Shaqi.
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