The autobiography of Calvin CoolidgeCoolidge, Calvin
History
The autobiography of Calvin Coolidge
Coolidge, Calvin
Coolidge, Calvin, 1872-1933; Presidents -- United States -- Biography
Yet the President exercises his authority in accordance with the
Constitution and the law. He is truly the agent of the people,
performing such functions as they have entrusted to him. The
Constitution specifically vests him with the executive power. Some
Presidents have seemed to interpret that as an authorization to take any
action which the Constitution, or perhaps the law, does not specifically
prohibit. Others have considered that their powers extended only to such
acts as were specifically authorized by the Constitution and the
statutes. This has always seemed to me to be a hypothetical question,
which it would be idle to attempt to determine in advance. It would
appear to be the better practice to wait to decide each question on its
merits as it arises. Jefferson is said to have entertained the opinion
that there was no constitutional warrant for enlarging the territory of
the United States, but when the actual facts confronted him he did not
hesitate to negotiate the Louisiana Purchase. For all ordinary occasions
the specific powers assigned to the President will be found sufficient
to provide for the welfare of the country. That is all he needs.
All situations that arise are likely to be simplified, and many of them
completely solved, by an application of the Constitution and the law. If
what they require to be done, is done, there is no opportunity for
criticism, and it would be seldom that anything better could be devised.
A Commission once came to me with a proposal for adopting rules to
regulate the conduct of its members. As they were evenly divided, each
side wished me to decide against the other. They did this because, while
it is always the nature of a Commissioner to claim that he is entirely
independent of the President, he would usually welcome Presidential
interference with any other Commissioner who does not agree with him.
In this case it occurred to me that the Department of Justice should
ascertain what the statute setting up this Commission required under the
circumstances. A reference to the law disclosed that the Congress had
specified the qualifications of the members of the Commission and that
they could not by rule either enlarge or diminish the power of their
individual members. So their problem was solved like many others by
simply finding out what the law required.
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