The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-05

of the people" These unmentioned,
and perhaps uncomfortable, Republican
leaders must have an Instructive" aver
sion TO an instructive Democrat.
An Executive Policy and Executive
Patronage.
There are Jealous civil service reform
ers who fancy that if every executive
officer, below heads Of departments, could
be subjected to competitive tests, ad-
ministration would be automatic in its
perfect goodness, and then the President
could be free to give his time and thoughts
to the formation of Legislative policies
and the persuasion of Congress to enact
them into laws.
These philosophers fail TO realize that
the President has not an effective instru-
ment, excepting patronage, with which
to enforce on Congress any policy OF his.
Neither he, nor any head Of a department,
can take the floor of either house OF Con-
gress and orally urge and vindicate his
issues. No member Of the Cabinet can,
any more than the President, be Sena-
tor or represent Congress district even
40 much as to be like territorial Delegate
who can debate but not vote. II one holds
an executive or judicial office he cannot
be member Of either house.
Those good civil service reformers also
seem to fail to see that Use by the Presi
dent of what they describe as the spoils !"
was coeval in its beginning with the press
ing on Congress by the President Of
his own legislative policy as in the
case Of JACKSON The "spoils rope is
the one by which the President gets his
pull on Congress Break that, and his
policy OF legislation will not avail much
if Congress shall be averse tc it.
The President has no Constitutional
relation with Congress in the making Of
laws, excepting under the clause declaring
that he shall, from time to time, give to
the Congress information of the state of
the Union, and recommend to their con-
sideration such measures as he shall judge
necessary and expedient, and under the
other clause which declares that he shall
examine every bill, and if he approve it
= he shall sign it, but if he does not APP
prove it " he shall return it" &c, and
thereafter not less than two-thirds Of each
House can make it law.
Note the language OF the first clause. 1t
is the state of the Union, and only that,
regarding which the President is to give
information and he shall exhibit the
measures he shall deem necessary
and expedient, He can only recon-
mend to their consideration. That is a
mild phrase! He cannot send a bill and
command its enactment.
Did the users of that language intend
that the President should fabricate
policy ITO force on Congress, or should
enforce it by the Use of nominations to
the Senate, or by appointments?
The President must give information.
and he must recommend to consideration
- shall is the word-but may he use
pressure beyond recommending in order
to compel enactment Of his policy into
law? Perhaps so. There are presidents
for it and for employing TO that end the
"spoils system.
Historians Of the Constitution and
commentators thereon have told lis Of the
profound solicitude Of the Fathers of the
Union lest Congress encroach on thePres-
ident and he encroach on Congress. They
had before them what had aforetime hap
pened in England They wished from
the President information and recon-
mendation for Use by Congress. in it's
discretion, but not influence by him on
legislation that would not be sautary.
Hence, after creating a single Executive.
responsible by impeachment for failure
faithfully to execute every law, with
term limited to four years, but with the
President reeligble, and imparting to the
President the right and duty to inform
Congress and recommend measures a
limited veto power, authority to convene
Congress in special session and keep it
in session till ii has considered the Presi-
dents information and measures after
doing this, the Constitution stops and
saws no more on the topic.