The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1867-10-11
The Presidents Constitutional Power.


Hon. Geo. s. Boutwell,, OF Massachusetts,
has written letter in reply to some strict
urc, by correspondent In the Boston Ad
reriiser upon remarks made by Sir. u. lie
states the point SO clearly, and il is so vital
n, the present trial, that we transfer its i'm
por,nnt portions to our columns. Says Mr..
Boutwell,:
"Thc Constitution says. "The executive pow
or shall DO vested in President Of the United
States Of America !" but the limits Of that pow
or ore TO be found in the Constitution. What
the Constitution authorized TIE President to
do, that he can do; where the Constitution is
silent ne Is powerlcss. lie Is but one magiS-
trate, though tho chief magistrate, among
many, in the government ofthe country. They
all derive their authority. either directly or In,
directly, from the Constitution and the laws,
and any exercise OF power not so derived,
whether exercised the President. by q post
master, or by n tide.waiter, Is q usurpatiOn
and . crime. The President in his oath swenrs
to 'JaiiA|ully srseuts The Office Of Prssifsai
eTRs Uniied States and the Constitution, in
enumerating his duties, says 'he shall take
care hai hs lars De- faithfully srscuisi."
We see herein the extent and the limit OF bis
duties and powers. He Is "to execute the Of
Ace of President" and "take care that the laws
be faithfully executed" but by the Constitu-
ton he Is not authorized TO execute q single
Law, lin any case he possesses such author
ity il has been conferred by statute. Under
his oath. In executing the Office Of President,
he is TO take care that the laws be faithfully eS-
ecuted. This he may do and must do in the
manner pointed out by law; aud Il II clearly
within the province Of Congress to assign tn
particular officers Of the government the per-
formance Of specific duties unless the Constitu-
ton has otherwise directed.
BY the Constitution, the President Is COM
mander-in chief Of the army and navy, but he
must command ia obedience 10 TIE Con,iiin-
fional authority Of Congress "to make rules
for the government ofthe land and naval for
ces," These rules may be Is definite and mi
mute As the judgement Of Congress may dictate
and the President must obey them and be
guided BY them. From the foundation OF the
government the execution oflsws has been con-
fded 20 other officers than the President, and
he performs all his duty and exercises all his
constitutional power when he takes care that
the officers designated by the Law are compc-
tent and faithful. al ....-....
Civil officers he may suspend for crime or
misconduct in Office: and officers OF the army
and the navy he may suspend. and then sub
Jet them 10 trial by courts-martial. In this
Nnl .uc thAc. tatt tuts tnc ieWc w
executed. and thereiu faithfully executes the
Office Of President" .. ,.r.'
Nor can the President disobey q law upon
the ground that II Is Unconstitutional. When
bill " submitted 10 the President for his ap.
prevail, ss every bill must be submitted TO him.
he then exercises under the Constitution, and
for the last time, his constitutional prcrogstive
Of judging whether the proposed Law is con-
stitutiOnal or not. IL he believes IL tn be un-
constitutional. he returns Il to Congress with
his objections thereto, AMI at that moment
his power over the subject Is exhausted. Ne
must wait for and obey the decision OF Con-
IL Congress. notwithstanding the President
objections. believing the bill To be constitution
al. shall pass the same by q tuo-thirls ma
jority OF each house, 10 is no longer competent
Tor the President TO consider whether the law
Is constitutional or not. II Is his duty To obey.
In the passage Of . bill BY two-thirtis ma
jurity over a presidential veto, the executive
power 10 eonsrtutionally annihilated upon that
subject. and the President has no longer Q con-
stituiional right. Tor any reason. TO inter-
nose an obstacle TO the ADMINISTRATION Of the
law. 49,.
II the President, IS your correspondent
seems TO maintain, may for any reason set
aside statute, or any provision OF statute,
duly passed according to the Constitution,
whstherby the Presidents approval or over an
executive veto. then is our GOVERN cnt no
longer = government of laws. but Il becomes n
government OF q single man.