The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
One result of this popular conviction is acquiescence in exercise of
executive power which, in former times would have been interpreted
by the people as “executive usurpation.” At present the people rely
upon their executives,—Governors, Presidents,—to act as a check,—a
limitation,—on unwise legislation. This reliance, or expectation,
is a powerful element in practical politics. Thus the limitations
of government in America are threefold: first, the American
constitutions themselves; secondly, frequent popular elections, and
thirdly, the judiciary in its interpretation of constitutions and
laws. These limitations are constitutional limitations. There is a
fourth limitation but it belongs to another sphere,—the sphere of
politics.[421]
CHAPTER XI
THE LAW OF FUNDAMENTAL RIGHTS
149. The people of the several States, and the people of the United
States, have delegated powers to the governments which they have
respectively created. The powers thus delegated are general, or
special. Doubtless the special are implied in the general, but in
order to secure precision, and thus to mark off, in practical fashion,
the boundaries of the grants, the delegation of a power, or the
reservation of a power is declared as clearly as possible in language
of adjudicated meaning, or capable of interpretation according to such
meaning.
In the American constitutions, both federal and State, many provisions
are administrative, that is, prescriptive of method, or procedure, as
the strictly parliamentary provisions on the legislative respecting
sessions, the journal, the quorum, adjournments, the method of passing
bills, and the like. In the article on the judiciary, in State
constitutions, provisions are found concerning appeals, writs, minor
court officials, sessions of courts, records, decisions, and the like,
all of which are of secondary importance as compared with the general
grant of judicial power.
In the executive article,—and notably in State constitutions, all
that does not strictly belong to the executive office,—that is,
to the distinctive functions of the Governor, is administrative.
In the Constitution of the United States there is little of this
administrative matter formally expressed, but much by implication,—for
the appointees of the President (excepting the federal judges) are
administrative officers, and the appointees of the President, of the
heads of departments, or of the courts of law,—constituting what is
known in law as “inferior officers”[422] comprehends quite all persons
in the employ of the federal government.
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