86. The executive power of the United States is vested in a President, and the faithful exercise of that delegated power is the faithful execution of the office of President. From the nature of the power it cannot be defined. The office was created by the people of the United States at the close of the eighteenth century, when distrust of the executive (the crown) was dominant in the American mind. The trend then was to enthrone the legislative and to dethrone the executive. It is remarkable that the supreme law of the land, made at that time, should vest such vast powers in the executive. He is commander-in-chief of the army and navy and of the State militia when in the actual service of the United States[222] but Congress alone can declare war.[223] He participates in legislation, and possesses the veto power (which constitutionally comprises that participation)[224] but unlike the governor, under some later constitutions, he cannot veto a particular item in an appropriation bill.[225] He makes treaties, provided two thirds of the Senators present concur,[226] and the control of our foreign relations is in his hands.[227] Thus, though not possessing the war power by the verbal provisions of the Constitution, he may by his policy, involve the United States in war. He possesses the appointing power, thus determining who shall fill judicial and administrative offices, under the Constitution,[228] a power, the exercise of which practically determines the character of the federal government. In brief, excepting members of the Senate and of the House, all now elected directly by the people and who, at present, comprise, numerically, about one one thousandth part of the aggregate public servants in the government of the United States, the President,—that is, the executive power of the United States delegated to the President, appoints the vast body of officials in the national service. Most of these officials have ministerial duties; a few have judicial. Strictly speaking, the President is the only executive officer provided for by the Constitution. 87. In the “Executive Department” (an expression known to the Constitution[229]), it is the President alone who makes the appointments. “The principal officer in each of the executive departments” is known to us as a member of the Cabinet, and is an appointee of the President. The office of a member of the Cabinet affords an illustration of that rare tenure, a tenant at will. This tenure is stated by Lincoln in a memorandum read to his Cabinet: “I must myself be the judge how long to retain and when to remove any of you from his position.”[230]