Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
If ever a question has occurred in the history of any country which
ought to be considered settled, this is that one. A solemn decision at
first, adopted in practice afterwards by all branches of the Government,
for five and forty years, makes the precedent one of almost irresistible
force.
What then have we a right to expect on our side of the House from the
opposition? Not merely that they shall prove it to be a doubtful
question, but they shall present a case so clear as to render it
manifest that all which has been done has been without authority, and
all the removals which have ever been made, have been in violation of
the Constitution. The burden rests entirely upon the gentlemen, and a
ponderous load they have to sustain.
But, sir, if the question were entirely new, if it never had been
decided either by precedent or by practice, I think it may be made
abundantly clear, that the strength of the argument is greatly on the
side of those who maintain the power.
What is the nature of the Constitution of the United States? The powers
which it devolves upon the Government, are divided into three distinct
classes, the Legislative, the Executive, and the Judicial. To preserve
the liberties of any country, it is necessary that these three branches
of the government should be kept distinct and separate as far as
possible. When they are all united in the same person—this is the very
definition of despotism. As you approximate to this state of things, in
the same proportion you advance towards arbitrary power. These are
axioms which cannot—which will not be denied.
Doubtless for wise purposes, the framers of our Constitution have in a
very few excepted cases, blended these powers together. The executive,
by his veto, has a control over our legislation. The Senate, although a
branch of the legislature, exercises judicial power in cases of
impeachment. The President nominates, “and by and with the advice and
consent of the Senate,” appoints all officers, except those of an
inferior nature, the appointment of which may be vested by Congress “in
the President alone, in the courts of law, or in the heads of
departments.”
Public-domain text, read in full here on John Shaqi.
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