The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
The practical impossibility of removing a public official by means of
impeachment proceedings has made the executive and the judicial veto
thoroughly effective, since it has deprived Congress of all power to
punish by removing from office those officials who thwart its purpose.
It has made the President and the Supreme Court much stronger than the
House of Representatives--a result which the framers of the Constitution
no doubt desired.
In addition to the President's qualified veto on laws about to be
passed, which, as we have seen, amounts in practice to an unlimited
negative, he has what may be called an absolute veto on their execution.
This is the necessary consequence of his complete independence, taken in
connection with his power of appointment and removal. Controlling the
administrative arm of the government, he can execute the laws of
Congress or not as he may see fit. He may even fail to enforce an act
which he himself signed, inasmuch as his approval in a legislative
capacity does not bar his subsequent disapproval as an executive. Of
course, it does not follow that this power is openly and avowedly
exercised. Usually it is not. An easier and more effective method is the
one which obscures the real intention of the executive by a sham attempt
at enforcement.
It may be contended that the Constitution makes it his duty to enforce
all laws without regard to his own views of their wisdom or expediency.
This contention, however, does not appear to be borne out by the purpose
of the Constitution itself. It was not the intention of the framers of
that instrument to make the President a mere administrative agent of
Congress, but rather to set him over against that body and make him in a
large measure the judge of his own authority. If it be claimed that it
is his duty to enforce all laws that have been regularly enacted, it
must at the same time be conceded that the Constitution permits their
non-enforcement, since it has given neither to Congress nor to the
people any effective power to remove him for neglect of duty. Moreover,
his oath of office does not expressly bind him to enforce the laws of
Congress, but merely to "execute the office of President ... and
preserve, protect, and defend the Constitution of the United
States."[120]
Public-domain text, read in full here on John Shaqi.
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