Evening journal., 1921-12-03
For Responsible, Visible Erecutiue Leadership
to to the the
o o.
Visible in
and

legislative government"
In this relation It is noted that this
was not the view taken by Wash
ington, who sat as chairman through
the Constitutional Convention. III
was not the view of Hamilton. one
OF the three great expositors OF the
Constitution in the campaign before
the people for its adoption. They
both understood that the Constitu-
ton made II the duty OF the execu-
tive to come before Congress to give
an account OF stewardship and to ex-
plain plans for the future, in sup
port OF which appropriations were
asked. But when Hamilton, repre-
senting the President. asked the
pleasure OF the House, the leaders in
this body refused to permit him to
come before them. The PROPOSE
ton has since been, supported by
some OF our greatest Constitutional
lawyers who have come 10 hold ex-
ecutive and judicial positions.
But Il is not necessary to go 10
the opinion OF men who have oc-
cupied executive and judicial posi-
tions to support the proposition that
change in the rules to bring the
Cabinet on the foor would be both
constitutional and American. This
view has been staunchly maintain
ed by member of the only congress
sional committee ever appointed to
inquire into the question. In their
report made in 1881 they conclude
that neither OF the constitutional OBJ
jections to giving to the Cabinet the
privileges OF the floor is sound. on
the first point. that such a change of
rules in inhibited by the provision
that no person holding ONCE shall
he member OF either house. they
had this to say:
The provision OF the Constttu-
don that no person holding any
ofice under the United States shall
be member OF either house dur
ing his term OF ONCE is in no wise
violated. The head OF a depart
ment reporting in person and or
ally, or participating In debate,
becomes no more a member OF
either house than does the chap
lain, or the contentant. or his
counsel. or the delegate. He has
no official term: he is neither
elected nor appointed TO either
house: he has no participation in
the power OF impeachment. either
in the institution or trial; he has
no privilege from arrest; he has
no power to vote" privileges
OF the foor to Cabinet Ofcers-
Reports OF the U. S. Congress.
1913. p. So
On the second point. that the pro-
posal to change the rules TO give 20
the Cabinet the privilege OF the noor
violates the principle OF the separa-
ton OF powers, they reported:
Your committee is not unmind-
ful OF the maxim that in a con
stitutional government the great
powers are divided into legisla-
tive. executive. and judicial and
that they should be conferred on
distinct departments. These de-
partments should be defined and
maintained and II is sufficiently
! accurate expression to say that
they should be independent OF
each other. But this independ-
tnNt IN no JUST Ut lto1AANnA cNhof
means an entire separation. either
in their organization. or theii
functions isolation
either in the scope or the exer'
else OF their powers. Such isola
ton would produce either con
fict or paralysis. either inevitable
collision or inaction. and eithei
the one or the other would be IL
derogation OF the efficiency OF the
government Such independence
Of co-equal and coordinate de-
partments has never existed II
any civilized government, and
never can exist
II there Is anything perfect!
plain in the Constitution and org
anization OF the government o
the United States. IL is that TIT
great departments (the legislative
executive. and judicial branches
were not intended to be indepen'
dent and isolated in the stric
meaning OF these terms; but tha
although having a separate exit
ence they were 10 80 lte
: each with the other. ~ Lif
ferent members OF the humai
body must cooperate with eacl
, other in order 70 form the figurl
and perform the functions OF
, perfect man" (Ibid. pp. S. s.