History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The first experiment that was made towards a restriction of the power
of the Senate, and an adjustment of its relations to the other
departments, was the preparation of a plan, by which the President was
to have the making of treaties, and the appointment of ambassadors,
judges of the Supreme Court, and all other officers not otherwise
provided for, by and with, the advice and consent of the Senate. The
trial of impeachments, of the President included, was transferred to
the Senate, and the trial of questions of boundary was placed, like
other controversies between States, within the scope of the judicial
power. The choice of the President was to be made in the first
instance by electors appointed by each State, in such manner as its
legislature might direct, each State to have a number of electors
equal to the whole number of its senators and representatives in
Congress; but if no one of the persons voted for should have a
majority of all the electors, or if more than one person should have
both a majority and an equal number of votes, the Senate were to
choose the President from the five highest candidates voted for by the
electors. In this plan, there was certainly a considerable increase of
the power of the President; but there was not a sufficient diminution
of the power of the Senate. The President could nominate officers and
negotiate treaties; but he must obtain the consent of the body by whom
he might have been elected, and by whom his re-election might be
determined, if he were again to become a candidate. It appeared,
therefore, to be quite necessary, either to take away the revisionary
control of the Senate over treaties and appointments, or to devise
some mode by which the President could be made personally independent
of that assembly. He could be made independent only by taking away all
agency of the Senate in his election, or by making him ineligible to
the office a second time. There were two serious objections to the
last of these remedies,--the country might lose the services of a
faithful and experienced magistrate, whose continuance in office would
be highly important; and even in a case where no pre-eminent merit had
challenged a re-election, the effect of an election by the Senate
would always be pernicious, and must be visible throughout the whole
term of the incumbent who had been successful over four other
competitors.
Public-domain text, read in full here on John Shaqi.
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