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
Now, sir, my position is, that when the Constitution of the United
States, in a special case, has conferred upon the Senate, which is
essentially a branch of the legislature, a participation in executive
power, you cannot by construction extend this power beyond the plain
terms of the grant. It is an exception from the general rule pervading
the whole instrument. Appointment to office is in the strictest sense an
executive power. But it is expressly declared that the assent of the
Senate shall be necessary to the exercise of this power on the part of
the President. The grant to the Senate is special. In this particular
case, it is an abstraction from the general executive powers granted
under the Constitution to the President. According to the maxim of the
common law, _expressio unius est exclusio alterius_—it follows
conclusively that what has not been given is withheld, and remains in
that branch of the Government which is the appropriate depository of
executive power. The exception proves the rule. And the grant of
executive power to the Senate is confined to appointments to office, and
to them alone. This necessarily excludes other executive powers. It
cannot, therefore, be contended with any force, as the gentleman from
Massachusetts (Mr. Webster) has contended, that because the consent of
the Senate is made necessary by the Constitution to appointments of
officers,—that, therefore, by implication, it is necessary for their
removal. Besides, these two things are very distinct in their nature, as
I shall hereafter have occasion to demonstrate.
But to proceed with the argument. I shall contend that the sole power of
removing executive officers is vested in the President by the
Constitution. First, from a correct construction of the instrument
itself; and second, even if that were doubtful, from the great danger
resulting to the public interest from any other construction.
The Constitution declares in express language that “the executive power
shall be vested in a President of the United States.” Under these
general terms, I shall, once for all, disclaim the idea of attempting to
derive any portion of the power of the Chief Magistrate from any other
fountain than the Constitution itself. I therefore entirely repel the
imputation, so far as I am concerned, which would invest him with
executive powers derived from the prerogatives of the kings or emperors
of the old world. Such arguments are entirely out of the question.
Public-domain text, read in full here on John Shaqi.
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