New-York tribune., 1905-02-03
LETTERS TO THE EDITOR.
POWERS OF THE PRESIDENT.
scu they Are Limited by Provisions of
Constitution.
or Of The Tribune.

. ara Editor OF The Tribune.
sr: In his address before the Bar Association on
-. Constitutional Powers OF the President
-..-,.s A. Gardiner hss so magnifed the pre-
ODs, I've OF the President as to destroy the 90
-. branches of the government and to mako
- p,nublic Of the fathers an unlimited monarchy,
-. no other commentator has ever conceived
- ssrdiner's address entire is mastery pres
..s.o- OF parts OF the Constitution and he de-
the thanks OF the bar at least for his labors
s.--iax 10 get the members OF the bar TO study
= t,vestigate the provisions OF the Constitution
!. ,ss United States for there is no instrument of
=, .Ast worth that is so much neglected and little
- and understood. II should be a part Of the
h.s,,or Of every schoolboy. and particularly IT
80 be Tnemorized and thoroughly digested by
:. ejd of Story's Commentaries IN all our law
xhoos
: novers and making them supreme. independent
- coordinate branches of the government
.so,, considering the limitations OF the Constitu-
:, or the coordinate executive powers of the
s,a-.'bv and with the advice and consent of the
,..,,sv Under the Constitution the three CO.
.,,rs,. branches OF the government are: First.
!. t.rfslatiye; second, the executive. and, third
= ,n5icai The first is subdivided into the SEN
= .,s the House Of Representatives. The second
sses that the President by and with the ad-
- ard consent OF the Senate, may make treaties"
- Ministers and councils, and such duties as
-, sssned by Article II of the Constitution. The
- ineIudes one Supreme Court and such inferior
,+s,ss NAY be established.
trf,,ls Y OF the Constitution provides: The
,.,ars not delegated TO the United States by the
rorstution nor prohibited by 1t TO the States are
-,,e5 70 the States respectively or to the peo-
:, +" The government of the United States Is a
.ns+itutionaI republic. and the powers not dele
80 nv the Constitution cannot be exercised by
,rr branch Of The government, neither by Congress
,,lv tribunal 10 decide under the Constitution
,A.. movers have been delegated. When the re-
,,-,,ea mowers are delegated by the people that
,ovrer must be expressed by an amendment TO the
CONSTITUTION Party platforms cannot do it.
I, +be formation OF this government no precedent
.,is.ed and the founders followed somewhat the
n,asr ~ the British government the President rep
r.senting the monarchy, the Senate the aTstocracy
,ss the House Of Representatives the democracy,
!, as members are the only federal officeholders
Gar whom III. people vote directly. But under
article 7 Section > Clause !. the electors in each
s,,te shall have the qualifications requisite for
s.so-s Of the most numerous branch Of the State
,,.slature" This was limited suffrage. providing
.- ouaI acatons by the laws OF the States. and was
tta founders Limitation to the right Of suffrage;
M bv the Fourteenth Amendment we have be-
,,.. = ponular democracy for the right to vote at
arr election for the electors Of President ana vice
CCrCress and State officers is thereby secured to all
nsa inhabitants twenty-one years od- but IN, m
SAID OF the power TO enforce TINS provision peIhs
aro1ides that the Congress shall have power 10
enforce. by appropriate legIsat9n Ihe pr9Y1Sions
StI as Section 2 of Article XIV, both provide that
'rhe Congress shall have power to enforce THIS
article by appropriate legislation
sut neither by the amendments nor by the origi-
scrsrs OF urerogative of the Executive been en-
brrpd and by his cath he swears Il will faithruIly
srsete The ONCE of President OF the United states,
ssS Nil To the best Of my ability preserve, protect
lud defend the Constitution OF the United states,
80 hv Article VI this Constitution and the laws
a he TTnited States which shall be made in pur-
sssnoe thereof. and all treaties made or Wnlc6
sbsT he made under the authority of the united
s.stsz shall he the supreme law Of the land ana
- Judges in every State shall be bound thereby.
srvtri1sr in the constitution laws OF any State
!, ire contrary notwithstanoing. Mr.. CIaIoner
ives hs president powers in total disregard OF the
h-,s,.ticns OF the Constitution .
= NsxYorls Jan % 1905. H. CHARLES CLMAN.