Evening star., 1924-08-24
BY BEN McKELwAY.

YoHN W. DAVIS criticism Of the
Republican party for "impo-
tence in action" his charge
~ that it has become a leader
less and incoherent mob" and
his remarks directed generally at the
failure Of Congress and the Executive
to agree on a concerted plan of legis-
lation may serve to renew a discus
sion which is brought up with in
creasing frequency by those who see
an alarming growth of power on the
part of the President of the United
States and who decry it as a depar-
ture from the intent of the Consti-
tuition. For Mr.. Davis evidently
blames the President for his inability
administration" measures, and like
wise for being unable to prevent the
enactment into law of other legisla-
tion to which the administration is
opposed. In doing SO Mr.. Davis OBJ
viously places himself with those who
look upon the President as the polit-
ical rather than the administrative
leader OF his country.
Should Mr.. Davis hold to this
theory, he has come to accept the
popular conception of the powers and
duties of the Executive. But they
differ widely from what the founders
intended they should be. Students of
the subject have written that the
President today occupies a position
of leadership and command over the
government so widely different from
that which was intended by the
trainers Of the Constitution that had
1t been achieved during a single
presidential term it would be de-
nounced as coup d'etat, or even
revolution.
Encroachmemts Of Executive.
Constitutional lawyers are the Sc
verest critics Of what they believe to
be the encroachments of the Execu
tive upon tho legislative branch of
the government, yet Mr.. Davis, a
noted lawyer. evidently sanctions
these so-called encroachments as one
Of the necessary developments in the
party system of government There
Is ample precedent for this belief.
Andrew Jackson, Lincoln, Roosevelt
and Wilson went far and beyond the
usual powers Of the Executive, and
even George Washington was Sc
verely denounced for some of his
| Unconstitutional actions.
With no intent to commit Mr.. Davis
or Mr.. Coolidge to any theories con-
cerning the duties and the powers of
the Executive. 1t Is interesting to
look back and see how this power
has been broadened, or limited, de-
pending upon the character Of the
man who occupied the White House
and upon the conditions which con-
fronted him. II Mr.. Davis held to
the beliefs Of Roger Sherman. who
helped to draw up the Constitution,
or, for that matter, to those Of Chief
Justice Taft he would not criticize
Mr. Coolidge for the acts of commits
sion and omission Of Congress. And
upon that slender thread hangs this
story.
Feared One-Man Power.
Their knowledge Of the traits and
character of George III and of many
Of his autocratic colonial governors.
a knowledge gained through bitter
experience, gave the founders a deep
| seated fear of one-man power or
Executive control They began the
first article Of the Constitution with
the words ''all legislative powers
herein granted shall be vested in a
congress Of the United States" and
the second with the words "the
executive power shall be vested in a
president Of the United States" They
planned 4 chief magistrate, nom
partisan. calm and aloof from the
throbbing political questions that
might agitate the legislative branch