Our Government: Local, State, and National: Idaho Edition Part 14

[Footnote 42: It is frequently urged, with good reason, that this date should be changed to a time of year when the weather in Was.h.i.+ngton would be more favorable. An amendment, recently sanctioned by the Senate, provides that the date for the inauguration shall be the last Thursday of April. The chief objection to this change seems to be the further extension of time between the election and the a.s.suming of duties.]

It has been established, by custom, that the oath shall be administered by the Chief Justice of the United States, at the east front of the Capitol. After taking the oath the President gives his inaugural address, which outlines the policy he purposes to carry out.

Immediately after his inauguration, unless it be his second term, he calls the Senate together, and places before it his nominations for members of the cabinet, and for such other important offices as he may desire to make.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. Which of the Presidents have served two terms? How was their election for a second term to be accounted for?

2. The method of calling National political conventions. When held?

Questions considered. Make a study of the last convention. Cosmop., 29: 194-200; Scribner's Mag., 27: 643-656.

3. Under what conditions was the first platform of a National convention agreed upon? Wilson, Division and Reunion, 63.

4. For the work of the National committee, see Rev. of R's, 22: 549-556; 556-563.

5. The power of the chairman of the National committee is discussed in Atl. Mo., 89: 76-81.

6. What was the probable origin of the system of electing the President by electors? Harrison, This Country of Ours, 78; Fiske, Critical Period of American History, 66, 280-289.

7. For the methods which have been used in electing a President, see N.

Am. Rev., 171: 273-280.

8. Should the President be elected by direct popular vote? N. Am. Rev., 171: 273-280; 281-288; Scribner's Mag., 27: 643-656.

9. For some of the problems connected with the electoral colleges in the history of elections, see Rev. of R's, 23: 66-69.

10. What is the method used in counting the electoral votes? Edmund Alton, Among the Lawmakers, 88-89.

11. Do you agree with Mr. Bryce that the tendency is to select for President men who have not been prominent? Bryce, American Commonwealth, I, chap. 8.

12. Was the present President notable before his election? In what ways?

13. What were the chief causes for the success of his party?

14. How many electoral votes were required for election? He received how many? Did he receive a majority of the popular votes? Election of 1900, Rev. of R's, 22: 673-674; 655-658.

15. How many electors were there from your State? For whom did they vote? How is this majority in your State to be accounted for? Rev. of R's, 22: 673-674, 655-658, 664.

16. Would successful governors make good candidates for President? In what particulars do the offices resemble each other? Would you favor making the governor of your State President? Wilson, Congressional Government, 253, 254.

17. Why was the election of John Quincy Adams of especial interest? What results followed? Burgess, The Middle Period, 140, 141; Wilson, Division and Reunion, 18.

18. State the chief points connected with the "disputed election" of 1876. Wilson, Division and Reunion, 283-286; Johnston, American Politics, 233-237; Cent. Mag., 62: 923-934.

19. Give the names of the Presidents who have died in office. By whom were they succeeded?

20. For a good discussion of the _unit rule_ and _two-thirds_ rule of the Democratic conventions, see Rev. of R's, 45: 705-710.

21. What is a "minority" President? Government in State and Nation, 264.

22. An interesting account of the White House. Outlook, 70: 287-299.

23. Inauguration events of 1901. Rev. of R's, 23: 405,406; Outlook, 67: 555, 556.

24. Incidents of Presidential inaugurations. World's Work, 1: 477-479.

25. For other questions and references on the chapter, see Government in State and Nation, 231, 232.

CHAPTER XIV.

POWERS AND DUTIES OF THE PRESIDENT

Military Powers of the President.--An eminent American historian,[43] writing of the power exercised by President Lincoln in time of war, said, "It is an interesting fact, that the ruler of a republic which sprang from a resistance to the English king and Parliament should exercise more arbitrary power than any Englishman since Oliver Cromwell, and that many of his acts should be worthy of a Tudor."

[Footnote 43: James Ford Rhodes, _Scribner's Magazine,_ February, 1903.]

President Lincoln, it is true, exercised powers which, if attempted by a weaker man, or at another time, might have proved dangerous to the liberties of the people.[44]

[Footnote 44: For the suspension of the privilege of the writ of _habeas corpus_, see p. 109.]

This he did through his interpretation of Clause 1, Section 2.

_The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States; he may require the opinion, in writing, of the princ.i.p.al officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment._

Reprieves and Pardons.--The ordinary powers of the President are also important.[45] One of the greatest is the power to grant reprieves and pardons. A reprieve is the temporary suspension of the execution of a sentence. By means of a reprieve the President may gain time to look into the evidence more carefully. Complete release from a sentence is secured by a pardon.[46]

[Footnote 45: For the power of the President over legislation by means of the veto, see pp. 78, 79.]

[Footnote 46: President Harrison was called upon to consider 779 requests for pardon. Of these 527 were granted, wholly or partially.

President Cleveland acted on 907 such cases, and granted 506, in whole or in part.]

Treaty-Making Power.--Section 2, Clause 2. _He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur_.

While the power to conclude treaties seems to be without restriction, it is implied that no treaty shall in any way interfere with the authority of the Const.i.tution. The usual steps in the negotiation of treaties are as follows: (1) In time of peace they are conducted at the capital of the nation that begins the negotiation. If this is in Was.h.i.+ngton, the terms are considered by the Secretary of State and the minister of the other nation; if in a foreign capital, our minister acts under instructions sent him by the Secretary of State. At times, one or more special ministers are sent abroad for the purpose of negotiating a treaty. (2) In time of war, the minister of the nation with which we are at war leaves the United States. The interests of his nation are then intrusted to the minister of some neutral power, and through this minister negotiations for peace are usually begun. (3) The treaty of peace at the close of a war is generally negotiated in some neutral country by special commissioners appointed by the nations at war.

In all cases, the President exercises general control over the negotiation and framing of treaties. After an agreement has been reached, the treaty is sent to the Senate. It is discussed in executive or secret session. This means that the treaty and all matters pertaining to it are kept secret until, by a resolution, the Senate allows the discussion to be made public. The Senate may approve, reject, or modify the terms. If amendments are made, they must be agreed to by the President and by the other nation interested. When a treaty has been finally approved by the officials of both countries, duplicate copies of it are made on parchment. Both of these copies are signed by the chief officers of each country, and the copies are then exchanged. This is called the "exchange of ratification." An official copy of the treaty is thus secured by each nation. The President then publishes the treaty accompanied by a proclamation, in which it is declared to be a part of the law of the land.

If the terms of a treaty call for the payment of money by the United States, the necessary amount can be appropriated only by an Act of Congress. The House of Representatives may refuse to give its sanction to such an appropriation, and may thus prevent the treaty going into effect.

Power of Appointment.--When it is considered that the President has the _nominal_ power of appointing over 150,000 persons to office, we can readily see that this comprises one of his chief powers. His right to select office-holders is granted in Section 2, Clause 2. _He shall nominate, and by and with the advice and consent of the Senate, shall appoint amba.s.sadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments._

Vacancies.--Section 2, Clause 3. _The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session._