The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1868-03-05
The Presidents Oath.

During the war Chief Justice fancy,
in the hearing of hdbeas corpus case,
delivered an elaborate opinion as to the
scope of the constitutional powers of the
President. The opinion was to the effect
that the Presidents powers-those that
he could exercise independently OF all
other branches of the government-were
these: l. To require the written opinion
of heads of the Executive Departments;
2. To grant reprieves and pardons for of
fences against the United States, except
in cases of impeachments 5. To make
such appointments as Congress may, by
law, authorize him to make 4. To make
temporary appointments in cases where
vacancies may happen during the recess
of the Senate: 5. To convene Congress
in extraordinary session 6. Adjourn
Congress in case Of disagreement of both
houses upon that subject, and no others.
His duties are simply formal, except in
one instance, where the constitution re-
quires that.
''He shall take care that the laws be
faithfully executed"
In point of fact the President whole
duty under the constitution is to execute
the laws One of Johnsons favorite ex-
pressions is that he is bound by his Off
cialoath to defend the constitution. What
is that oath? 1t reads:
II do solemnly swear that I will faith
fully execute the office of President of
the United States, and will, to the best
of my ability, preserve, protect and de-
fend the constitution OF the United
States.
Under this oath johnson is eternally
protesting that he is the sworn champion
Of the constitution, and therefore, that
he must make war upon all who in his
opinion violate it. He ignores the COM
mand to ''see that the laws are faithfully
executed that he may first decide
whether the laws are constitutional or
not If the President s oath makes him
the sworn fender of the constitution,
against whom must he defend it? John
son says Congress why limit the de-
fence as against Congress? He must de
fend the constitution against the judiciary
just as readily as against Congress. The
oath makes no exception. If that oath
be an authority to the President to sus-
pend, disregard Or nullify any act of
Congress which to him appears to be I'M
constitutional, then it gives him an equal
authority to accept or disregard judicial
decisions. The constitution makes no
exceptions. It vests the power to make
law in Congress. 1t vests the power to
interpret lawn the judiciary. 1t makes
it the duty of the President to execute
the laws. IF in addition to this the
President has the power to revise the
legislation of Congress, and execute only
such laws as he approves; then he has
the same power to revise judicial desis-
ions and execute only such judgments as
he thinks are correct. 1t is only necessa-
ry to look at the claim Of the President
to be convinced of its absurdity. Con
gress may, as Congress has often done,
by oversight or inclination, legislate er-
roneously; but the authority for SO de-
Gliding has never been claimed by any
President His duty admits of no quail
fcations. He shall see that the laws
are faithfully executed" are the words
Of the constitution. He is the High
Sheriff of the nation, nothing more; he
has no discretion to execute the law OF
not; and is responsible personally and of.
ficially for any refusal or failure to per
form his duty. The oath is nothing more
than solemn invocation that he will no
prove false to the office conferred upoI
him; that he will not betray the country
to foreign powers, nor tamper with clvl
instruction or rebellion, but will enforce
the supremacy of the laws at all times
and under all circumstance Chicago
Tribune.