Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1897-01-01

has written the following letter to the
Washington Post:
To the Washington Post:-The new
immigration law, if it passes, will re-
quire foreigners coming to live in this
country to read and write as test five
lines of the United States constitution.
There are certain five lines which emil
nent Spanish American lawyers ought
to read.
Section 8, after enumerating the pow
ers of Congress, is as follows:
"IS. To make all laws which shall
be necessary and proper for carrying
into execution the foregoing powers,
and all other powers vested by the con-
stitution in the government of the
United States or in any department or
officer thereof"
A study of the above clause may lead
some of the defiant advocates OF an ar
rogant personal government at the ex'
ecutive mansion to revise their asser-
tons,
It is not contended the above clause
I8 give congress power by a law passed
over a veto by a two thirds vote TO IN
terfere with any power made exclusive
in the president by express words or
necessary implication.
What are the powers expressly given
to the president?
First-To command the army and
navy.
Second-To grant pardons.
Third-ro make treaties with the
consent of the senate.)
Fourth--To appoint officers of the
United States.
Fifth-To convene Congress and to
adjourn it when the two houses dis
agree.
Sixth-to receive ambassadors and
other public ministers.
Seventh-To care that the laws be
faithfully executed.
Eighth-To commission officers OF
the United States.
The above are all the powers granted
Compare them with the long list OF
powers given to congress, including
that to declare war and to provide tor
the common defense and general vel
fare, and ending with the power given
in the. above clause IS to make all laws
necessary and proper to carry into ex-
ecution all the powers vested in he
government or in any department or
officer thereof.
The president may command the
army and navy. Yes, but congress by
law may give him specific directions
what to do with them, to use them in
any particular direction or not to use
them at all.
He may grant pardons. Yes, this is
an exclusive and uncomfortable power,
but congress may by law open all
prison doors and let the criminals go
free.
He makes treaties, with the consent
of the senate, and they become law Here
is the only power to make not vested in
congress.
He may appoint officers. Yes, but
Congress may create and abolish the
offices and regulate the power of aP-
pointment by civil service rules.
He is to commission all officers; but
he can commission only those who are
appointed in pursuance of law.
He is to receive foreign ministe RS
Yes, but only ministers from countries
which congress chooses to have recog-
nized. If two governments are striving
for control of country, congress may
recognize one by law which the govern
ment of the United States will recog-
nize, and the president is bound to obey
the law and receive minister from that
government and refuse to receive MIN
lister from tine Others
The idea that the president has the
sole prerogative of deciding what for
eign governments shall be recognized
by the United States has no foundation
whatever. in any words to be seen in the
constitution. The fact that the Presi-
dent has recognized new governments
without congressional expression, when
congress and the people have approved
his action, is 10 proof whatever that
when they disagree with him they can
not control him by law. He is their
agent, and when he does what they
want him to do, no law is needed. When
he threatens to conduct himself other
wise. whether by action or non-action'
the whole subject may be controlled