It is therefore apparent that as the Constitution, in addition to
its specification of especial duties and powers devolving upon
the President, provides that “he shall take care that the laws be
faithfully executed,” and as this was evidently intended as a general
devolution of power and imposition of obligation in respect to any
condition that might arise relating to the execution of the laws, so
it is likewise apparent that the convention was not content to rest
the sworn obligation of the President solely upon his covenant to
“faithfully execute the office of President of the United States,” but
added thereto the mandate that he should preserve, protect, and defend
the Constitution, to the best of his judgment and power, or, as it was
afterward expressed, to the best of his ability. Thus is our President
solemnly required not only to exercise every power attached to his
office, to the end that the laws may be faithfully executed, and not
only to render obedience to the demands of the fundamental law and
executive duty, but to exert all his official strength and authority
for the preservation, protection, and defense of the Constitution.
* * * * *
I have thus far presented considerations which while they have to do
with my topic are only preliminary to its more especial and distinct
discussion. In furtherance of this discussion it now becomes necessary
to quote from the Constitution the following clause found among its
specification of presidential duty and authority:
And he shall nominate, and by and with the advice of the Senate
shall appoint ambassadors, other public ministers and consuls,
judges of the Supreme Court, and all other officers of the
United States whose appointments are not herein otherwise
provided for, and which shall be established by law.
This clause was the subject of a prolonged and thorough debate in
Congress which occurred in the year 1789 and during the first session
of that body assembled under the new Constitution.
II
The question discussed involved distinctly and solely the independent
power of the President under the Constitution to remove an officer
appointed by him by and with the advice of the Senate. The discussion
arose upon a bill then before the Congress, providing for the
organization of the State Department, which contained a provision that
the head of the department to be created should be removable from
office by the President. This was opposed by a considerable number on
the ground that as the Senate coöperated in the appointment, it should
also be consulted in the matter of removal; it was urged by others that
the power of removal in such cases was already vested in the President
by the Constitution, and that the provision was therefore unnecessary;
and it was also contended that the question whether the Constitution
permitted such removal or not should be left untouched by legislative
action, and be determined by the courts.
Public-domain text, read in full here on John Shaqi.
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