New-York tribune., 1918-02-13
Grocer C2eueland on the Executiue Power
By l.. !. de Becker

Dooy Polltlc, or some of its divisions. When
however, now speak of the Presidency a:
nelne .'e preem'nently the peoples Office, near
that II Is especially the Office related to the
people as individuals in no general, local OF
other combination, but standing on the firm
1ootlng of manhood and American citizen.
snip. lhe Congress may enact laws, bu,
they are inert and vain without executive i'm
pulse. The federal courts adjudicate upor
the rights of the citizen when their aid il
invoked. But under the constitutional man.
date That the President shall take care that
the laws be faithfully executed every citi.
zen, IN the day or in the night, at home o,
abroad, is constantly within the protection
ana restraint of the executive power-none
SO lowly as to be beneath its scrupulous
care ana none so great and powerful as to
De beyond its restraining force"
Undoubtedly, it was this exalted view of
.he dignity and power of the great Office he
."lce administered that sustained Mr.. Cleve-
iand during the repeated and bitter attacks
made upon him. 1t was because he felt that
| ne represented the people in peculiar sense
and more directly than the gentlemen of the
congress that he had the courage to appoint
paramount commissioners on doubtful au-
,horlty, to override the sentiments of MANY
leaders of his own party by interference in
1ne settlement of the Chicago strike to bring
upon himself the antagonism of manv classes
by his bond issues for the preservation of
T the gold reserve. Continuing his discussion
CT the Executive power, Mr.. Cleveland wrote:
Ihe Constitution declares: THE execu
I'VE power snail be vested in President of
the United States Of America and this is
followed by recital of the specific and dis
tlnctly declared duties with which he is
charged, and the powers with which he is
invested The members of the convention
were not willing, however, that the execu
tive power which they had vested in the
President should be cramped and embarrassed
Dy any implication that a specific statement
OF certain granted powers and duties ex-
cluded all other executive functions: nor
were they apparently willing that the c1a,m
OF such exclusion should have countenance
IN the strict meaning which might pe given
to the words executive power Therefore.
we find the Constitution supplements re-
cltal OF the specific powers and duties of the
PRESIDENT with this impressive and conclu-
sive additional requirement: He shall take
care that the laws be faithfully executed
Ihls l conceive to be equivalent to a grant
of all the power necessary to the performance
OF his duty in the faithful execution of the
laws"
What Would He Have Done?
II voice of the people is the voice of
Cod" Mr.. Cleveland arrogated to himself IN
these words something more of the divine
rlght to rule than ever has been claimed by
Alngs. With royalty it has ever been the
axiom that "the kings can do no wrong
tut that his ministers and servants not only
can put DO. Louis XIV, who said of HIM
self, Il am the state" certainly accepted this
view, Tor he punished his ministers severely
lor "hat ne considered to be wrong doing on
many occasions. The interesting question
naturally suggests itself as to what Mr.
cleveland would have done in the midst of
war would he have sought by persuasion
and appeal to patriotism to obtain from the
Congress so frequently "on his handsn
larger grant Of power? Would he not "a
commander in chief of the army and navv
rather have contented himself with an execr,
1--WE construction of the powers conferred
upon him by the Constitution. Equivalent
10 grant of all the powers necessary"?
:, The quotations from Mr.. Cleveland's
apologize pro sua vit@" amply suffice, in any
case, 10 tell the average American why the
president of the United States has so much
power, even in times of peace. The Con
stltutlon, as carefully reasoned as anv fun-
damental law shown in history, was perfected
as time when some kind of coordinatino
"ut"orlty was a necessity apparent to ALL 1t
was an advance in free government over
everything that had gone before. It reduced
the powers of the Chef Magistrate to -
lower level than then existed in the govern
. VI any cAVlilzed people. But it was
and is an instrument in writing, immutah,o
without some vast convulsion like the Civil
w ar to force the pen again into action And
IT makes the United States of America to-
DAY the oldest government in point of un-
croken existence on earth. France ha, |
changed from republic to monarchy and bacl, |
again. England has witnessed changes of
Fynasty and proved more than once the aexi |
'lhty OF an unwritten constitution, but Amer
VIZ IL
Mr.. Cleveland's view of the preponcer,n~a
of the executive power shall prevail. or
whether the Congress in which after all |
he exclusive right to make the law still t
'ests, shall in the end force upon the ma.
ION the plan of ministry responsible to /
he Congress, are problems hardly less i'm
,ortant than those of the war which brings