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
“I suppose it will be readily admitted, that so far as the Constitution
has separated the powers of these great departments, it would be
improper to combine them together; and so far as it has left any
particular department in the entire possession of the powers incident to
that department, I conceive we ought not to qualify them further than
they are qualified by the Constitution. The legislative powers are
vested in Congress, and are to be exercised by them uncontrolled by any
other department, except the Constitution has qualified it otherwise.
The Constitution has qualified the legislative power, by authorizing the
President to object to any act it may pass, requiring, in this case,
two-thirds of both Houses to concur in making a law; but still the
absolute legislative power is vested in the Congress with this
qualification alone.
“The Constitution affirms, that the executive power shall be 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 case of inferior officers, when
the law shall otherwise direct. Have we a right to extend this
exception? I believe not. If the Constitution had invested all executive
power in the President, I venture to assert that the Legislature has no
right to diminish or modify his executive authority.”
Again:
“The doctrine, however, which seems to stand most in opposition to the
principles I contend for, is, that the power to annul an appointment is,
in the nature of things, incidental to the power which makes the
appointment. I agree that if nothing more was said in the Constitution
than that the President, by and with the advice and consent of the
Senate, should appoint to office, there would be great force in saying
that the power of removal resulted by a natural implication from the
power of appointing. But there is another part of the Constitution, no
less explicit than the one on which the gentleman’s doctrine is founded;
it is that part which declares that the executive power shall be vested
in a President of the United States.
Public-domain text, read in full here on John Shaqi.
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