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
In the plan of government originally proposed by Governor Randolph,
the division into the three departments of an executive, a
legislative, and a judiciary, implied, for the first of these
departments, according to the theory of all governments which are thus
separated, power to carry into execution the existing laws. This
government, however, was to succeed one that had regulated the affairs
of the Union for several years, in which all the powers vested in the
confederacy of the States were held and exercised by the Congress of
their deputies; and among those powers was that of declaring war and
making peace. This function is, moreover, embraced in the general
powers of the executive department, in most governments in which there
is a regular separation of that department from the legislative and
the judiciary. But it became apparent at the very commencement of the
process of forming the Constitution of the United States, that the
question whether the executive should be intrusted with the power of
war and peace would not only be made, but that the system would have
to be so arranged as to make the government, in this particular, an
exception to the general rule. This was partly owing to an
unwillingness to intrust such a power to one person;--or even to a
plurality of persons, if the executive should be so constituted. If to
the general powers of executing the laws, and of appointing to office,
there were to be added the power to make war and peace, and the whole
were to be vested in a single magistrate, it was rightly said that the
government would be in substance an elective monarchy. The power of
the executive, over the external relations of the country at least,
would be the same, in kind and in extent, as it is in constitutional
monarchies, and the sole difference would be that the supreme
magistrate would be elective. This was not intended, and was not
admissible. Still another reason for making the government of the
United States, in this feature, an exception to the general rule, was
the necessity for giving to the States, in their corporate capacities,
some control over the foreign relations of the country.
Public-domain text, read in full here on John Shaqi.
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