New-York tribune., 1905-01-19

common law ain
steq fps un 10 tne eS%seuve % S5s y. Y. i4l) And in
etaI government Is derived chiefly from the English
y. s., I'D Congress succeeding 10 PaTiianent +S Ss
Federal Courts to the English Courts. and ths tbs
the PrsrOgatiyes Of the Norman and Pantagenet an Il
and agstea powers the PRESIDENT maS Sxeeuxs Se sl
& 70 retain all the executive and magisteriai func-
hereditary. Such is the President as outlined iu I'm
contemporary history" dc Pet. 6lO) "
PRESIDENT a CORPORATION. SOLE
e, The President. moreover, is a corporation sole.
% s maze SG body corporate and polite in order to
pepsSn be ta4[ Si S which as natural
CREATED ere by express enactment or by impficdtion
corporation sole in express terms any more than
bf sPeemc statute SO creates the King Of England;
OF attributes and powers upon the President neces-
eGorddllng e dl 10 Blackstone is the English sovereign
The supreme advantage to the President Of being
corporation is that he can exercise all his funco
enjoy all the advantaees Of Being bodT corp6r ap6 yet
pet93eIuity attributes and powers political
Ponucal person in which many capacities reside
IT Is political person, capable like natural person
OF enjoying variety of franchises II is soSaefhin1
g esioh many attributes belong, but something
olsunct from those attributes" (23 Wend I730
Such is the PRESIDENT unique political charac-
different from King an elective Chief masfstTafs
n itnesteo 7 with many soyereignties Of the English
ed BY the people ue'' S1'-
ATTRIBUTES OF THE PRESIDENT
II. The Attributes of the President The sovar
tributes and bowers Attrbutes are 69s1Se OF al
eighties. and powers active
sonality of the President The natural person and
thouSb paa s66re OF Re a are distinct
being Theodore Roosevelt and President Roose-
takes ofhce with each new incumbent and departs
preden IS erpoo tsF 2 oqf the snS S9ia ca
tnues uninterruptedly so long the government
stituton: personal magistrate for a republic the
eonsodation in corporation sole OF the corporate
straot soveregnty into concrete sovereign. It
the Confederation II was the investit1Ir @ "cSSa @
President with the attributes OF personal sovereign
has made US a powerful and majestic nationality.
MAJESTY OF THE PRESIDENT
Majesty is another attribute It ipheres in every
fGncoa Of every ruler to personify the IS ajey o
the state. Majesty is what constitutes the dignity
its power. Imperium majestasque popuH Romani
were the two elements that constituted Roman SOW
No president was more imbued with this idea than
Msgistrste. and COMMITTEES Of the senate re
tHa5 IS % PRePE to Of style bs fe ae ta9
Same"
RESPONSIBILITY OF THE PRESIDENT.
tsys s If nfoa hs neoDs S tBs Pss nged
sary conception OF the will from which sovereignty
The highest and essential unity is the pOstulate OF
many coroiiaries Unity Of authority is one unity
independence Of action another, unity Of initia
ing the sole holder and agent of the magsterial SOW
ereignties. the President alone Is responsible for
his only superior. the people. The President can
and Lincoln: he ignore laws .: Congress as
presidents have repeatedly done aid the only E rem
hce directly from the people. He executes It for
peachnent which is punishment for high crimes
and misdeneanors against the sovereign. is there
ing menace Zen Of Impeachment and undivided response
% sS 6s 30gs sns in y PR9 a
DEGREES OF courts or mandates Of Congress.
BE. maintain that the Attributes Of the President
aggregate all the passive executive and magisterial
Tender cases. Mr.. Justice Bradley said, the gov.
he Gffrbues s of sobeTetgnty az waii 555 The
government possessing thus the attributes OF the
Of the government being invested in the President.
It follows inevitably that the President must pos
people and that the people retain no undelegated
attributes passive sovereignties under the Tenth
Amendment or otherwise.
PRESIDENTS EXPRESS POWERS.
III. Express Powers OF the President.-The powers
OF the President his active soveregnues. In
he is invested also with powers to execute them
Whatever powers he possesses are either @ express or
ent" is meant something different from the other
Inherent" often
express" is plainly intended Such must be the ex-
PLANTATION OF inherent" in Mr.. Justice Bradley,s
dent proposition that it he general government is
invested with all those inherent and implied pot1eTs
which, at the time Of adopting the Constitution
ernment a such" 12 Wall, 555-560
The government he says. was inpested with tn-
herent powers. Invested by whom7 BY the people
Its source then. outside Of the government 1t
lnhered in the government only after nvestiture
eSpress' power. Does not Inherent more cor
rectly designate the location than the character OF
powers all inherent IN the government. the attrib-
utes the Presidential Office the President him
''inhere'' would they not be Platonic tdeas7
Hence repeat there no inherent powers or the
President but all are expressly granted or implied
from express grants.
OFFICE AND OATH. EXPRESS POWERS.
ID And, first, the power "to execute the office of
President is an express power. The Constitution
creates the Office then expressly provides that be-
fore the President shall enter on the erecution OF
solennly swear that tOil faithfully eDecute tho
This is less express power because It is a
duty enforced by oath An express Constitutional
obligation is equivalent TO an express grant OF
power 70 discharge it. THE fundamental principle
Supreme Court, is that where the duty is enjoined
the ability to perform it is contemplated to exist
on the part Of the functonaries TO whom it is in
trusted Cl6 Pet, 615)
observe also the extreme soIictude OF the trainers
to secure this grant to the President. The legs-
lative and judicial sovereignties are merely de-
posted in the legislative and judicial departments
they have must be implied. But in case
of the President the Constitution left nothing to
Moreover, the President is the only officer ex-
pressy enjoned by Constitutional oath to execute
State officers 10 allegiance; but the oath OF
the President is sui generis at once Constitu-
Here then is an express power, plain. compre-
hensive. and UNQUALIFIED in terms. The President