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
He declared that he had reviewed his
former opinions, and he summed up the whole case as follows:
"The Constitution affirms that the executive power is vested in the
President. Are there exceptions to this proposition? Yes, there are.
The Constitution says that in appointing to office the Senate shall be
associated with the President, unless, in the case of inferior officers,
when the law shall otherwise direct. Have we (that is, Congress) a
right to extend this exception? I believe not. If the Constitution has
invested all executive power in the President, I return to assert
that the Legislature has no right to diminish or modify his executive
authority. The question now resolves itself into this: is the power of
displacing an executive power? I conceive that if any power whatever
is in the Executive, it is in the power of appointing, overseeing, and
controlling those who execute the laws. If the Constitution had
not qualified the power of the President in appointing to office by
associating the Senate with him in that business, would it not be clear
that he would have the right by virtue of his executive power to make
such appointment? Should we be authorized, in defiance of that clause
in the Constitution--the executive power shall be vested in the
President--to unite the Senate with the President in the appointment to
office? I conceive not. It is admitted that we should not be authorized
to do this, I think it may be disputed whether we have a right to
associate there in removing persons from office, the one power being as
much of an executive nature as the other; and the first is authorized by
being excepted out of the general rule established by the Constitution
in these words: 'The executive power shall be vested in the President.'"
The question thus ably and exhaustively argued was decided by the House
of Representatives, by a vote of 34 to 20, in favor of the principle
that the executive power of removal is vested by the Constitution in the
Executive, and in the Senate by the casting vote of the Vice President.
The question has often been raised in subsequent times of high
excitement, and the practice of the Government has nevertheless
conformed in all cases to the decision thus early made. * * * Chancellor
Kent's remarks on the subject are as follows:
Public-domain text, read in full here on John Shaqi.
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