The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-07
TAe Confederate Plan for tho Reg
ulation OF tho Executive.


n Is a sign Of wholesome public SEN
timent that so many people are now
discussing. with acquiescence and more
or less enthusiastic approval. THE SUNS
proposition that Of all possible meas
uses Of Federal regulation that which
smost urgently and immediat ely needed
by the country is the regulation Of the
Executive.
We mean by this the checking Of
further usurpation Of powers and func-
tons belonging to the other equal and
coordinate departments Of the Federal
Government. the confinement OF Ex-
ecutive activities to the limits intended
by the Constitution.
The evil is widely recognized, the
danger perceived the remedy sought.
II will be interesting and perhaps
instructive TO consider the changes
made In the old Constitution by the
trainers Of the Confederate Constitu-
lion of 1861. In general they followed
closely the provisions Of the familiar
instrument with regard to the distrl-
button OF powers among the three
branches Of Government. The funda-
mental principles there embodied and
in practical operation for seventy years
were for the most part reafilrmed and
preserved by the Montgomery Conven-
ton. As regards the Executive there
will be noted four important depar-
lures; one in the way OF an extension
Of power and the others mainly restric-
tive In their effect:
I. The Confederate Constitution,
unlike the Federal Constitution, per-
mitted the President to disapprove
separate items In an appropriation bill
without vctoing the entire bin. That
this was wise amendment has been
shown by the experience of this state
and other States which have adopted
IL in their own legislative procedure.
IL obviously tends to diminish the CO.
ercive power Of Congress over the
Presidents performance Of his proper
duties.
2. The most conspicuous change In
the way OF Executive limitation was
adopted at the suggestion OF Mr..
RHErr Of South Carolina. 1t provided
q single Presidential term Of six years
with disqualification for reelection.
3. Also at the instance Of Mr.. RHErr
tho Montgomery Convention curtailed
the power OF the President to remove
from once. The Confederate Execu-
tive could remove for special cause
only, and in all cases Of removal he
was required to report the same to the
Senate. with his reasons; excepting
only In the case of his own Cabinet
officers and persons connected with
the diplomatic service.
4. The Confederate Constitution au-
thorized Congress to pass law al
lowing Cabinet officers to occupy seat
In either house OF Congress and to
participate in debates ON subjects re-
lating to their respective departments.
This change was urged and procured
by ALEXANDER H. STEPHENS Of Geor-
gia, II he could have had his way
,ir. STEPHrNs would have required
the President to appoint all his Cabi-
net officers from one or the other house
OF Congress.
q will be observed that while each
Of the three last mentioned changes
tended somewhat to curb dictatorial
tendencies on the part Of he Exccu.
I've and to prevent encroachment upon
the special province OF the Legislative
or of the judiciary, the main reliance
WAS on the single term clause.
Must not single term clause. with
disqualification for reelection, be al
ways the last resort of those who wan
to preserve the constitutional baIanc,