New-York tribune., 1905-01-19

opinion are the only specific limitations on the ex-
Excepting these. the express powers of the Presi-
Gent constitute an aggregate express grant Of the
then. is it possible for the President to exceed his
can he perform that he may not claim is in execu-
ton of his Office and its attributes, of the Consttu
ton and the laws. or OF his executive powers?
PRESIDENT AND WAR AMENDMENTS.
conceive that there are vast domains Of executive
pha pore aSS Mhe6 oFd exsa
for expansion Take. for instance the war
are abolished by the nation through the Thirteenth
Amendment; white citizens get their citizenship
through the Fourteenth and States confer the right
OF suIrage on whites and blacks aIke but the
equally with the whites Is conferred solely by the
the nct0n Of the Raon to protect negro ctzens
in all these privileges and immunties
PRESIDENTS AUTOMATIC INITIATIVE.
1t seems to be assumed that Congress must pass
and other laws before the President can do any
3eS The constuon does not saw so
nor is there any such decision Of the courts. The
his poWeGs the President is sufcent unto himself
he needs no assistance or authortzati3n from any
ton is seli-executing in efficiency; he may execute
his command This az automato initiative Of the
President is the keystone of our political arch
co-operation Of Congress or the judiciary, or
tVe have not powers which viii enable him to exc
cute the functions of his own office the system is
essentially defective" said the Supreme Court %
Pet, 57O)
PRESIDENTS POWERS sELF-EXECUTING
Moreover when G9nstUtion ..on is ooqlsts IN
as 4p it Z is pSi ps9seeptbiS q ezecquqn q5s 4s
was ze1shp By the
equal suffrage by the Fifteenth. Al the positive
are seif-executing'' tcon, Lin p 800. They are,
therefore, ready Ior ON y SSonrsssl t nmt
them in force"
PRESIDENT CAN SUPPRESS PEoNAGE.
Congress is empowered to !" enforce" the amend
ments by appropriate legislation This power is
HENCE il the sultan of sglu maintains slavery
10 suppress IT, the President his own initiative
can sE.ts aDosh IN tbe m South the President
without waiting appropriate legislation" by Con-
patent and unambEuous provisions Of the amend
If Southern States abridge the PRIVILEGES or Inn
munties of federal negro citizens the Presldent on
or not
PENALIZING STATUTES UNNECESSARY.
If Southern States deny the right Of suffrage to
color the President without waiting for penalizing
statutes can and should h use every means CIVIL
AS have more fully explained elsewhere am
eecfion of the Fourteenth and that law
South be reducing Its representa-
lives and electors would be unconstitutional and
void alb initio. But that merely emphasizes the
,scassitv of executive action II the evil exists.
.ST,1 wait the Crumpacker Sherman or Platt or
epTy other bill? Why should not the President on
his own Initiative execute the explicit and unam-
bieIlo1s constitutional provisfons2
ISt is urged that such action might bring the
President into conflict with sovereign states The
Amendments contemplate conflict. whether enforced
eoeI bv the President. jointly BY the President,
Coneress and the Courts. But Is that any reason
,rby the President should refuse 10 execute plain
consstitutional duty? Who stands justified to-day,
Temes buchanan, who knew his duty but evaded
r.. or Lincoln, who died fighting for the Consttu-
ton against the seeding States?
PRESIDENTS POWER OVER STATES
The Constitution as the supreme law of the land,
operates alike on States and individuals In exc
ciItinc It sovereign States entitled TO more
consideration from the President than sovereign
individuals. South Carolina attempted 70 nulllIy
Federal tariff laws but Jackson threatened 70 hang
South Carolina's notification went down unoer the
mailed hand OF a patriotic and dominating Fresl-
dent II sovereign States are now nulnrylnB' not
FEDERAL statutes but the Federal Constitution Is
the crime less heinous or has the Presldeht Tess
power than Jackson or is his duty less mandatory
TO preserve protect and defend the Consttuton 70
execute the war amendments TO administer az lne
executive powers, 10 exercise our internallonal
sovereigntes-in short. TO execute All ms otiPo i.
teut functions the people have given the PRESIDENT
absolute control OF Irresistible pnysicai IoIce-
the army and navy OF s00O0.0Oo people his heees-
sity 10 use Il should be extreme ana would DC ue
plorabe-but let recognize the fact tnat ne hIohe
possesses the power granted expressly Dy 'iie pe'
pie through the Constitution itSeIr
PRESIDENTS IMPLIED POWERS.
Iv Inpllsd Powers of the President. The Presl-
csnt derives category Of implied po"eis A'oia