But It
May, I Think, Be Seen That In This Way The Electors Have In Reality
Ceased To Have Any Weight In The Elections - Have In Very Truth
Ceased To Have The Exercise Of Any Will Whatever.
They are mere
names, and no more.
Stat nominis umbra. The election of the
President is made by universal suffrage, and not by a college of
electors. The words as they are written are still obeyed; but the
Constitution in fact has been violated, for the spirit of it has
been changed in its very essence.
The President must have been born a citizen of the United States.
This is not necessary for the holder of any other office or for a
Senator or Representative; he must be thirty-four years old at the
time of his election.
His executive power is almost unbounded. He is much more powerful
than any minister can be with us, and is subject to a much lighter
responsibility. He may be impeached by the House of Representatives
before the Senate, but that impeachment only goes to the removal
from office and permanent disqualification for office. But in these
days, as we all practically understand, responsibility does not mean
the fear of any great punishment, but the necessity of accounting
from day to day for public actions. A leading statesman has but
slight dread of the axe, but is in hourly fear of his opponent's
questions. The President of the United States is subject to no such
questionings, and as he does not even require a majority in either
House for the maintenance of his authority, his responsibility sets
upon him very slightly. Seeing that Mr. Buchanan has escaped any
punishment for maladministration, no President need fear the anger
of the people.
The President is commander-in-chief of the army and of the navy. He
can grant pardons - as regards all offenses committed against the
United States. He has no power to pardon an offense committed
against the laws of any State, and as to which the culprit has been
tried before the tribunals of that State. He can make treaties; but
such treaties are not valid till they have been confirmed by two-
thirds of the Senators present in executive session. He appoints
all ambassadors and other public officers - but subject to the
confirmation of the Senate. He can convene either or both Houses of
Congress at irregular times, and under certain circumstances can
adjourn them, his executive power is, in fact, almost unlimited; and
this power is solely in his own hands, as the Constitution knows
nothing of the President's ministers. According to the Constitution
these officers are merely the heads of his bureaus. An Englishman,
however, in considering the executive power of the President, and in
making any comparison between that and the executive power of any
officer or officers attached to the Crown in England, should always
bear in mind that the President's power, and even authority, is
confined to the Federal government, and that he has none with
reference to the individual States, religion, education, the
administration of the general laws which concern every man and
woman, and the real de facto government which comes home to every
house, - these things are not in any way subject to the President of
the United States.
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