Evening star., 1898-04-15
PRESIDENT AND CONGRESS
The Powers Of Executive and Legislative
Branches of the Government.


which have been sent to The Star and two
nave been selected which give different
views as to the war powers OF the Presi-
dent and Congress. Bourke LInthau SAYS;
The Constitution OF the United States In
the national compass which directs tn.
course OF the ship OF state In its entire
sea OF navigation. II Is the absolute legal
CODE Tor the guidance of the action OF tn,
United States government in all OF its de-
partments
As the President has submitted to Con.
eress the full responsibility OF action in
the controversy between Spain and ,ba
United States i'm regard to the future 81 at,,.
oi Cuoa as a body polite, a few quotations.
from the defined powers of the Constitu-
.Ioh appropriate to the situation may prove
interesting in illustrating that Congress
alone Is the paramount supreme author5Iy
OF the United States government 10 defna
tne policy by the enactment of laws for
sn;. tne solution OF the pending condition of af-
iars; and TO also show that the constitu-
uonai powers of the President are entirely
suooruihate TO and dependent upon the ac-
ton OF Congress.
The Powers OF Congress,
The constitution provides that:
All legislative power herein granted
snaii De vested In Congress OF the United
States.
That Congress shall have power TO lay
ee' eaAes, uuties, 1mposts and eN-
cises, to pay the debts and provide for tbe
common defense and general welfare -
the United States
10 borrow money on the credit Of the
ITO regulate commerce with ,or.,,,,
nations ioie"
To define and punish piracies and felon-
les committed on the high seas and dif-
iershces against the law of nations
To declare war, grant letters OF marou,
ana reprisal, and make rules concerning
captures on land and water
TO raise and support armies
TO provide and maintain a navy.
TO make rules for the government and
regulation Of the land and naval forces.
10 provide for calling forth the militia
to execute the laws of the Union
TO provide for organizing armins and
olsciplining the militia, and for governing
such portion OF them as may be employed
In the service of the United States.
10 dispose OF and make all needful rules
and regulations respecting the territory
States.
And the Congress may by law provide
Tor the case OF removal, DEATH resignation
or inability both of President and Vice
PRESIDENT declaring what officer shall then
act as President. and such officer shall act
accordingly until the disability be removed
or President shall be elected
Congress shall also have power to make
all laws which shall be necessary and proper
Ior carrying into execution the foregoing
the Constitution in the government of the
United States, or any department thereof"
The above quotations illustrate some OF
the comprehensive powers of congress In
the administrator of the affairs of the
government OF the United States.
The Powers of the President.
In defining the powers OF the President,
the Constitution states:
The executive power shall be vested I'm
a President of the United States Of
America. ...
The President shall be commander-in-
chief Of the army and navy of the United
States, and OF the militia of the several
states when called into the actual service
of the United States.
He shall have power. by and with the
advice and consent of the Senate, to make
treaties, provided two-thirds Of the sena-
tcrS present concur; and he shall nominate,
and by and with the advice and consent of
the Senate, shall appoint ambassadors
other public ministers and consuls. and all
other officers of the United States, whose
appointments shall be established by law.
THE President shall have power 10 fill
up all vacancies that may happen during
the recess of the Senate by granting COM
missions, which shall expire at the end OF
the next session.
He shall, from time to time give to the
Congress Information of the state of the
Union. and recommend to their considera-
tion such measures as he shall judge nec-
eSSary ana eXped1ent.
HE shall take care that the law be faith
fully executed"
These several clauses quoted from the
Constitution clearly defines the paramount
authority OF Congress in all affairs OF the
United States government, which compared
with the constitutional powers Of the
President. also quoted. would seem to
be sufficient to relieve the public mind of
all doubt to which department Of the
government is primarily responsible for any
action on the question Of free Cuba.'
Another View.
r. B. NJ, in elaboration Of the powar OF
the President in the present Instance SUBJ
mfts the following:
The expression of principles In general
terms leads inevitably to differences of
opinion upon the practical application Of
those principles. and since the very begin
ming Of our government under the present
Constitution men have differed in their
construction of the powers conferred upon
the three coordinate branches by the fun
damental law, and especially has this been
true of the legislative and the executive.
At this time II may be of interest to recall
the position occupied in this respect by
jefferson. Here is a memorandum written
in 1889: THE legislature may raise armies.
but cannot prescribe the purposes for
raised, the Constitution transfers the use
of them (sic) to the President, which is
paramount to any law limiting the use.
'The Constitution leaves the raising of
armies to the discretion Of Congress; there
fore, Congress may leave II to the discre-
tion of the President. $50 argued by Ross.
Reid, Sedgwick Stockton. and in the Sem
ate on the provisional army, and by Otis,
Dana, Sewall. Harper, Rutledge. Craik.
ETC., in a debate on the same bill, April
"a. and by Mr.. Pinckney In the debate oh
the bill for the provisional army. May 10.
1881
IF the President informs Congress that
in his opinion there is imminent danger OF
Invasion, Congress are bound to act in con-
formity TO 1t, without examining the
grounds OF the opinion. (Seid by Otis, see
Gallatin's speech ON the provisional ermys
May 10, 170S.C
1t may be added that, though the power
formally to declare war IL vested In the
Congress. yet In actual practice q state Of
war more often results from incidents
which may occur at times when the legfs-
lature is not sitting, and over which that
body could not exercise effective super.
vision and control. because OF the neccs-
sity OF prompt action and the difaculty Of
securing agreement among its members.