The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
84. The executive power of the United States is vested in a President.
The executive is single,—that is, one person. He possesses all the
executive powers which the sovereign,—the people of the United States,
have conferred. His power is derivative, not original. His power is
not defined by the Constitution, that is, it is not fully set forth
by limitations. It is limited in two particulars: he cannot grant
reprieves or pardons in cases of impeachment, and he solemnly swears
or affirms faithfully to execute the office of President of the United
States. This solemn obligation implies that he himself is not the
sole or the final judge of his fidelity in executing his office. This
responsibility of the President to a superior, in certain cases, is
clearly stated by the Constitution itself: first, that the House of
Representatives shall have the sole power of impeachment, and secondly,
that the Senate shall have the sole power to try all impeachments,
and when sitting for that purpose, its members shall be on oath or
affirmation. When the President is tried, the Chief Justice of the
United States shall preside, and no person shall be convicted without
the concurrence of two thirds of the members present.[220]
85. Whether or not the President has performed the duties of his office
is a political question and may alone be determined by impeachment and
conviction. President Johnson was impeached but not convicted,—whence
the conclusion that he faithfully executed the office of President.
The term “office” is not used in the Constitution as descriptive of
the exercise of legislative power by either House or by its respective
members. Senators and Representatives receive a compensation for their
“services.” No person holding any “office” under the United States can
be a member of either House during his continuance in “office.”[221]
But the Constitution does not apply the term “office” to the two-year
term of a Representative, or to the six-year term of a Senator, or to
the duties, rights, privileges, qualifications, or powers of either. We
shall see that the term is applied to judges of the United States.
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