Evening star., 1935-08-25
The Cabinet Under
the Constitution
BY Frederic J. Haskin.

u
political evolution down through the
century and half Of the American
Republic. There has never been a uues-
| ton as to the supremacy of the presi-
dental office, but there Is held by some
constitutional lawyers the view that the
trainers intended thc cabinet to serve as
check and balance to the President,
in line with the general theory of checks
and balances as carried out in the divi-
sion of the governmental organization
into legislative, executive and judicial
branches.
| 1t is intensely interesting to study the
minds of the trainers of the Constitu-
tion. The council Of the star chamber
at the old palace of Westminster, al
though abolished by the long Parliament,
had not been forgotten by the Colonial
students, and still fresher in their minds
was the cabal of Charles II. The idea
| Of having the head of the American state
surrounded by tightly organized body,
wholly subServient to him, was repug.
| nant.
The only reference to the cabinet in
| the Constitution is indirect and is found
| in the language "he may require the
! opinion, in writing, of the principal Of
! ficer in each of the executive depart
ments upon any subject relating to the
duties of their respective Offices ."
Commenting on this clause, James
Iredell, one of the earliest expounders
of the Constitution, writing in 1913, said:
| He is not to be assisted by a council,
summoned to jovial dinner, perhaps,
and giving their opinions according to
the nod of the President, but the opin-
ion is to be given with the utmost
Solemnity in writing. No after -equivo-
cation can explain it away. From those
written opinions, weighed with care,
| surely the President can form as good
| judgment as if they had been given by
dozen formal characters careleSsly met
together on slight appointment. And
this further advantage would be derived
| from the proposed system (Which would
be wanting if he had constitutional adj
vice to screen HIM, the President must
be personally responsible for everything"
| The earlier Presidents fully understood
why no constitutional cabinet was set
up which, on the one hand, could be
made a tool or, on the other, used as
what Iredel calls screen, and they
| acted accordingly Washington was
elected almost as though by acclama-
| ton. There was none to stand against
him. Nevertheless. there were already
| parties in the country and bitter political
| enmities. But Washington selected his
| cabinet exclusively from no single group.
He appointed Hamilton, the outStand-
| ing Federalist. as his Secretary Of the
Treasury because Of his proven talents
| for fiscal organization, and Thomas JEFF
ferson, the leading Republican and rival
of Hamilton. as Secretary of State. In
| 1910 jefferson wrote, reminiScently:
Hamilton and myself were daily pitted
in the cabinet like two cocks" So bitter
did some of the discussions become at
times that the President was obliged to
intercede and beg for mutual forbear-
ance but he asked for the resignation
of neither. Years later, in Lincoln's cab
| met. Stanton and Seward were stormy
petrels.
It is customary for a Presidents cab
| met to resign upon change Of admin
| istration in these times, but that was
not at first the procedure. When John
| Adams became President he retained in
Office the entire cabinet which had
| served under Washington, regarding
them as independent officers of the Re-
| public and not as his personal coterie.
| Indeed, most of them we're openly hostile
| to Adams and there were dissensions
which ultimately broke up the group.
| There was nothing hasty about the
| framing Of the Constitution, and the
| idea of a council somewhat along the
lines of the British privy council which
had been in existence since the days OF
william the Conqueror was thoroughly
canvassed. Definite proposals to this
end were made and discussed in the
convention.
One plan, identified with the pro-
| posals of Charles Pinckney and Gouver-
| neur Morris, would have erected privy
| council for the President. 1t would have
been composed of the Vice President, the
Speaker of the House, the Chief Justice
| of the United States and the heads Of
the executive departments. 1t was not
known how many executive departments
there would be and at first there were
but four. The plan provided that the
President might lay before this council
any matter concerning the execution OF
his Office on which he desired guidance.
| One of the strong arguments which de-
feated this and similar proposals was
that constitutional existence Of such q
body would reduce the Presidents re-
sponSibility.
During the early years Of Washing
tons administration the practice Of re-
quiring opinions in writing from the
heads of departments, as stated in the
Constitution, was followed scrupulously.
| That is, there were no cabinet meetings.
The communications between the Presi-
| dent and the members Of his cabinet
were almost on a plane with the diplo-
| matte notes which today pass between
| governments. 1t was not until the threat
of war with France or, possibly, with
England impended that need was felt
for a closer, face-to-face discussion.
jefferson wrote: "The ordinary buSi-
ness of every day is done by consultation
between the President and the head OF
the department alone. For measures OF
importance or difficulty, consultation
| is held with the heads of departments,
either assembled or by taking their opin-
ions separately in conversation or IN
writing. The latter is most strictly in
the spirit Of the Constitution because
the President, on weighing the advice
of all. is left free to make up an opinion
for himself. In this way they are not
brought together and it is not neces-
sarily known what opinion the others
have given" Jefferson regarded cabinet
| meetings by strict letter demonstrations
| saying that the Government, when cab
met meetings were held, mere nearly
| approximated a directory.
II