Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
It was contended in the first Congress, and the same argument has been
urged upon the present occasion, that the power of removal was not
recognized by the Constitution—that it was a case omitted, and that,
therefore, by implication, it belongs to Congress. This argument was
fully met and successfully refuted in 1789. If this principle were
established, the executive power would have no necessary control over
executive officers. Congress might confer the power of removal upon the
Senate alone, or upon the House of Representatives alone, or upon both
conjointly, without any participation of the President. This
Government—the admiration of the world, would present the solecism of an
executive without any control over executive agents, except what might
be granted to him by the legislature. We are not placed in this
unfortunate predicament. The President, under the Constitution, has the
power of removal. It is a constitutional power, not to be controlled by
the legislature. It is a power equally sovereign in its nature with that
of legislation itself. He is a co-ordinate branch of the Government, and
has the same right to exercise his discretion in removals from office,
that Congress possess in regard to the enactment of laws.
This brings me to consider the constitutionality of the third section of
the bill now depending before us. It provides “that in all nominations
made by the President to the Senate, to fill vacancies occasioned by
removal from office, the fact of the removal shall be stated to the
Senate at the time that the nomination is made, _with a statement of the
reasons for such removal_.”
Whence do we derive our authority to demand his reasons? If the
Constitution has conferred upon him the power of removal, as I think I
have clearly shown, is it not absolute in its nature and entirely free
from the control of Congress? Is he not as independent in the exercise
of this power as Congress in the exercise of any power conferred upon
them by the Constitution? Would he not have the same authority to demand
from us our reasons for rejecting a nomination, as we possess to call
upon him for his reasons for making a removal? Might he not say, I am
answerable to the American people, and to them alone, for the exercise
of this power, in the same manner that the Senate is for the exercise of
any power conferred upon them by the Constitution?
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