Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-12-25
THE PRESIDENTS POWER
What Would Logically Result if Mr.. 0lney's
Contention Were Correct.
He Would Nave Greater Power Than
Any Sovereign Except the
Gar.


very paradoxicai conclusions, to say the
least of then. Thus, of the President may
as he claims, refuse to recognize the indie
pendence of a state or nation which Con-
gress by its joint resolution has declared
should be recognized ne may also per
contra recognize the independence of
state which Congress has declared ought
not to be recognized, and thus possibly in
volve us in war with friendly ration,
although the Constitution provides that
Congress alone shall have the power to de-
clare war. Let US suppose, for Example
the Cuban situation to be reversed and
that Congress had by its join; resolution
declared that Cuba ought not to he recog-
recognized as independent state, be-
cause We are friendly to Spain and do not
wish war with her. Nevertheless the Pres
ldent, under the power he contends for.
might lawfully defy the will of Congress
and recognize the independence of Cuba
and receive her minister, and thus i'm olive
US in war. the will of Congress to the con-
er to receive the Cuban minister he has
no power to send one of our own there
without the advice and consent of the Sen
ate.
The Monroe Doctrine.
Again, Congress has declared that the
Monroe doctrine is the policy of the United
States, yet if Great Britain or any Euro
pean power should send an army to some
| South American state. overthrow its gov
eminent and set UP a monarchy with some
European princeing as king, and declare
a protectorate over it, the President might
| defy the will of Congress, ignore the Mon
roe doctrine recognize the new govern
| ment and receive its minister. and do all
| this within his constitutional power if Mr..
Oney is right in his Interpretation of that
| instrument; nay. though Congress declared
| war against that particular state, since
| the President is commander-in-chief of the
army and navy and such is vested with
| executive power to call out the troops. he
| might fall back upon his super-eminent
prerogative and refuse to call them out
| in other words refuse to carry on the war;
| and he may do all this without liability to
| Impeachment, for he cannot he impeached
| for exercising his constitutional peroga-
| tive. This is the logical outcome of Mr.
| Olneys proposition; an outcome. which
| while claiming for the President the sole
| right to recognize state and receive its
| minister, though it be done against the
| will of Congress and involve the United
| States in war, comedies that he cannot ap-
| point a postmaster nor a justice of the
| peace without the advice and consent of
| the Senate. So too, while admitting that
| he cannot defeat the passage of the most
| trf1ing law regulating our national affairs,
| yet he may thwart the will of Congress
| in the most momentous matters affecting
| our relations with foreign nations, and We
are told the Constitution intends this.
Intention of the Constitution.
One of the cardinal rules of statutory and
constitutional Interpretation is that in
| depreciation which will lead to absurd con-
| sequences is to be avoided if the law be
| susceptible CT more reasonable one 1t is
| respectfully submitted that the Constitution
| intended the will of the people to be eX-
| pressed by its representatives in Congress.
| and when expressed to be executed by
the President. Hence Congress is the legis-
| lative and the President the executive
<>f( ic flax.t
| of the people and the President the agent
to cute the will of the people. How can
this be done if the President may defy the
will of the people. lie, the voice OF Con-
| gress? / know it has teen said. and prop
eriy said, that the legislative, executive and
| judicial powers of the government are sep
| arate and distinct and each Independent oil
| the other in their proper spheres of duty
but this is nothing more than saying that
| these three departments make up the gov
| eminent. But the government is created
| to declare and execute the VIII OF the PEG,
| pie and the will of the people is expressed
| by Congress within the limitations of the
| Constitution. When the judicial depart
| ment viz, the Supreme Court. declares al
act of Congress unconstitutional II doe:
| nothing more than declare that the vii
| of the people as expressed in the Constr
tuition has been ignored by Congress. ant
| hence the statute complained of is no
| really the will of the people. hen th'
Constitution declares that Congress alone
| shall have the right to declare war and t
make treaties Qhe President negotiate:
| them but IT is the Senate which assentS
i.e makes them and to regulate commerce
with foreign powers, there logically flow:
| from this right the Incidental right e
recognize as an independent state the par
| ticular power against which 1t proposes q
declare war, with which 1T proposes u
make a treaty to regulate commerce.
As to Recognition.
So. too if Mr.. Olney is right, though
| Congress may declare war for the purpos'
of aiding a nation to secure its independ
| ence as a state it can never recognize tina
| nation as n state without the consent o
| the President So likewise, if a nation
| declares war against us for refusing Il
| recognize il as a state Congress is power
| less 10 prevent war by extending the 2e
| manded recognition, since that alone rest:
With the President who we are told, ma,
legally and constitutionally defy the vii
of Congress in that regard, ana thus Keel
/ us at war against our consent 10 suci
5 paradoXical absurdties are we prou2nt U;
+ Mr. Oluey's Interpretation of the Consti
| tuition.
/, Is it not far more reasonable to say thai
the Constitution. having expressly vested
| in Congress the sole power to declare wal
and to make or refuse to make treaues
and to regulate commerce. has impiiedl!
given to Congress all the incidental powers
necessary to the intelligent exercise OF lts
| yolition in dealing with foreign nations OIL
| peoples? 1t cannot be said that II has
such incidental power when it cannot rec
| ognize or refuse to recognize as an inde'
pendent state the people with whom It de-
sires to regulate commerce, to make
treaty, or to declare war, or to make
, peace Indeed, these powers are expressl,
I given by section 10, paragraph IL, OF ar
, ticle /, which declares that Congress shall
l have power ito make all laws which shall
T be necessary to carry into execution the
. foregoing powers" If, in spite of this pro
+ vision, the President may thus tie thu
hands ard nullify the will of Congress, III
has more power than any European mon
! arch save the car, whose power is Asiatit
[ and not European, and most decidedly mo-
:, American. Did the trainers Of the Consti
3 tuition contemplate such result? Does tht
, language of the Constitution. fairly and
E reasonably interpreted, indicate such an in
, tention? II not. then upon what meat dotf
: this our Caesar feed, that he hath grown S,
! great?"
l l5.f The rresident's Power.
. The true theory of the Presidents con-
] stitutional power is that he may act in
E these matters as he appoints officers wher
z the Senate is not in session, subject, how
ever, TO the consent of that body when II
, / does convene. The executor of a law car
never rise superior to the power which
r makes the law. at least not until rivers