The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-12
The Growing Executive Power.

While the Presidents emphatic and
unequivocaI declaration has given an
effeetual quietus for a time 10 the third
term nonsense. there are still many per
sons who feel q weH-grounded appre-
hension at the constantly growing pow
er Of the Executive.
When the American Government was
formed It was intended that Congress
should be wholly independent of the
Executive. and each House Of the Ma
tionaI Legislature entirely free from
any restraint or influence exercised by
the other In the mere matter of Iegis-
Iation there appears to have been
purpose to give the House a little more
weight than the Senate. the latter body
receiving an equivalent in the right to
confirm appointments and ratify trea-
ties No constitutional changes have
been made in any way affecting the
powers of the different branches Of the
Government. and as a matter of cold
law each House is the equal of the other
and both are free from all Executive in
reference or control. Nevertheless. it
Is an obvious and. TO some, an ominous
fact that the power Of the President has.
in the actual conduct of public affairs.
increased enormously at the expense Of
the legislative branch Of the Govern
ment- Instead of being merely an '-ex-
ecutive" the President very largely die
tates the action of Congress, before the
duty to execute" begins.
Two principal reasons have been Civ
en- for this. The first is partisan one
With the division of the people into
parties, there is a natural disposition to
look for a leader. and one is generally
found in the person Of the man who
becomes the successful Presidential
candidate of his party. There can be
no doubt that in the last analysis Con-
gress the members Of which are sep
arately chosen in all parts Of the -+7un-
try, more nearly represents the true
sentiments Of the people than does the
President, a single individual, frequent
ly nominated as a matter Of political
expediency, and elected through party
feeling rather than because of any
marked personal preference for him.
And yet it is undeniabIe that save in
very exceptional cases, when an issue
arises between the Executive and Con
gress, the masses of the people of his
own party faith are strongly inclined To
stand by the President Probably this
q is In part, owing to the circumstance
that the President is always a unit on
behalf Of his own policy, and seldom.
perhaps never, has the united opposi-
ton Of his party in Congress: and in
part to the circumstance that, being the
recognized head Of his party. its mem
bership viii generally stand by him in
a spirit Of partisan loyalty.
But the second and greatest cause Of
the Executives growing strength Is IN
his control Of the national patronage
This IS felt IN every local community.
Every Senator and Representative has
his special friends and workers to whom
he is under obligations, and whom he IS
anxious to reward Without the Presi-
Dental favor he IS poweTless to do so,
and IS in grave danger Of losing his own
local following
Nothing, as a rule, viii more greatly
weaken a member OF either the House
or Senate with his own constituency
than knowledge Of the fact that he
does not stand well with his party Ad-
ministrauOn- Hence the primary aim
OF the new member Of either House is to |
at once ingratiate himself with the
President This is particularly true of
Representatives. who very seldom can
do much during their first terms be-
yOnd rewardtug some OF their friends
and paving the way for a reelection.
But It is true of both Senators and Rep
resentatives. and it is a hard matter TO
induce a ma 5oTity. or even a cOnsfdera-
bic percentage Of them. new or old. to
take ground in opposition 10 their own
party President upon any matter Of i'm
portance- The opposition to President
Cleveland upon the money question was
L rare exception, and even in his case
the power Of the Executive was most
strikinsIy shown.
The passage Of the Spooner resolution
furnishes a fair illustration Of the dis
position on the part Of Congress to yield
to the President Il was q complete /
delegation of legislative power to the
Executive, and it IS morally certain I
that such action received its inspiration /
in Administration circles For about 1
two years the Philippines had been /
completely controlled and governed by |
the President. Suddenly, almost at the |
close Of the last session Of Congress. /
the Administration discovered that it |
was necessary for Congress To take
some action. Detailed legislation at /
such a time was impossible. and il is
clear that none was desired. for it
might have developed unpleasant
points Of difference among Republicans.
The SpConer resolution was passed. and
If its validity IS upheld it virtually
makes the President an imperial ruler
in the Philippines.
The fatal vice Of the Spooner resolu-
ton is the absence Of a time limit upon
the extraordinary grant Of power which
1t contains The power does not expire
By limitation, but can only be taken
away by Congressional action. and this
may be prevented by the President
himself, through the exercise of the
veto power He must be blindIy op-
tmistic who does not see the dangerous
tendency Of this extension of the Presi-
Dental authority. The intelligence. of