Evening star., 1924-08-24
MOOT ISSUE is REVIVED
BY CANDIDATE DAVIS
Criticism of Coolidge Raises Question as
to When Presidents Powers
Beg in and End.

of the government. Above the tur-
moil of political parties the Presi-
dent was dispaSSionately to carry out
the laws in much the same non-po-
litical manner as the Chief Justice
was to head the judiciary" Roger
Sherman declared he considered 1.-The
executive magistracy as nothing more
than an institution for carrying the
will of the legislature into effect
and he thought that the President
'ought to be appointed by and ac-
which was the depository of the su-
preme will of the society"
The President was given the power
Of veto. but as safeguard against
trespass by the legislature on the
executive powers rather than as a
partnership with Congress on judg-
ing legislative matters. He was
made Commander i'm chief of the
Army" but originally the title was
power to make treaties and certain
appointments. but only upon the ad-
vice and consent Of the Senate. While
1t is his duty to recommend" to Con-
gress certain legislation, nothing in
the Constitution requires Congress to
pay any heed to them.
StruEgie for Ascendancy.
In a book on the subject DR.. Henry
Campbell Black points out that there
has been a constant struggle for as
cendancy between the President on
the one hand and Congress on the
other, and that the fortunes of the
contestants have varied chiefly as a
result of two circumstances. The
first is the character Of the President
himself. Strong and popular Presi-
dents have forced their will on Con-
gress, while weak Presidents have
been bullied by the gentlemen on the
Hill. The second of these circum-
stances is the condition of the coun.
try's foreign relations. War serves
to place the President in a predomi-
nant position. He becomes a virtual
dictator, as witness Lincoln, Mckin-
ley and Wilson. When the country
engages in war the almost unlimited
der-in- chief is brought into play. and
there Is a disposition and Willingness
on every hand to center the control
Of matters in the hands of the Execu-
tive. This, history shows, Is tenn
porary condition, usually followed by
reaction.
Andrew Jackson was described by
woodrow Wilson as an fmper1ous
man, bred not in deliberative assem-
blies or quiet councils, but in the
field and upon a rough frontier" His
aggressive nature made it natural fol-
him to magnify the authority Of his
office and to force his will upon Con
gress. Mr.. Wilson said Of him that
"he worked his will upon affairs with
or without formal sanction of law
sustained by a clear, undoubting con-
science and the love of the people
who had grown deeply impatient OF
the regime he had supplanted." In
addition to the force Of his own per-
sonality, the Presidents powers were
broadened by troublesome foreign
disputes, which always serve to bring
the Executive to the front In public
opinion.
Presidency In EcaiDse.
From his administration until thai
of Lincoln the presidency was more
or less eclipsed by Congress. But
with Lincoln and the Civil War the
power Of the Executive again became
great. without the authorization OF
Congress or the specific duties emu
merated for his Office in the Con-
stitution, Lincoln issued the first cal
for volunteers, proclaimed the eman.
cipation of slaves and suspended the
writ Of habeas corpus. The latter
CONTINUED on Third Page.)