Evening star., 1943-07-19

executive agency David Lawrence.
but it was equally bad judgment
for the President to dismiss" SO
cavalierly constitutional officer
of the Government over whom he
really had no lawful authority IN
the first place.
Granted that Mr.. Wallace made
an error in blasting publicly against
Jesse Jones, head of the Recon-
struction Finance Corp, the way
out for the President was to ex-
plain frankly to the Vice President
that a mistake in constitutional
practice had been made in asking
him to assume an executive post
and that 1t would be better If the
Vice President and the President
were spared the embarrassments OF
inter-departmental conflicts by each
withdrawing to their respective con-
stitutional spheres.
Constitutional Barrier.
Instead, what Mr.. Roosevelt has
done is to subject the Office of Vice
President to an unprecedented
humiliation. The Vice President Is
not and never has been a subordi-
nate officer of the executive branch
of the Government and he really
has no more right to take an eXecu-
tive Office under the President than
has a member of the Senate or
House.
The Constitution specifically says
that nobody holding an Office under
the executive branch may remain
a member OF either House and since
the Vice President is named by
the Constitution as the presiding
officer of the Senate and Is mem
ber Of the Senate for purposes Of
casting vote in case of tie, he
cannot at the same time serve
the executive and the legislative
branches and conform to the letter
of the Constitution.
There is no formal justification
moreover, for the attendance of g
Vice President at Cabinet meetings
The invitation to attend Cabinet
sessions was first extended to 6
Vice President by President Hard,
ing to Vice President Coolidge but
it is significant that when Mr.
Dawes was Vice President under
President Coolidge, he did not at.
tend.
Garner Independent.
MIR. Roosevelt invited Vice Presi.
dent Garner to the Cabinet ses-
sions but Mr.. Garner was an indie.
pendent-minded person who never
allowed the President to think he
was lackey of the White House
though he did occasionally en-.
deavor to bring about legislative
cooperation between the two
branches of the Government very
much as is done by the Speaker OF
the House.
The moment the Vice President
accepts post of executive respon-
sibility, however, as did Mr.. Wal
lace. he exposes himself to the loss
of his own independence and il
fate should make him President
some day, he would not enter the
job with the objectivity and impair.
tiality the country would expect
but already as a partisan of one OF
more OF the cliques inside the Ad-
ministration.
The dignity Of the Office of Vice
President would seem to require
that Mr.. Wallace cease to attene
cabinet meetings where he put.
himself under the Commander ir
Chief as he phrased it the Other
day. While the President com.
mands the Army and Navy, he does
not command the national legisla
ture, and Mr.. Wallace, as Vice
President. has a responsibility as
presiding officer of the Senate-a
part of a coordinate branch of the
Government which is equal in rank
and prestige under our system OF
Government to the executive
branch.
Wisdom In Separation.
The wisdom of our forefathers in
insisting on separation of powers
has therefore been proved to some
extent in the embarrassing incident
wherein President finds himself
compelled to "rebuke" a Vice Presi-
dent.
Also. If certain members of the
Supreme Court have so little regard
for the dignity of their Offices as
to get mixed up in the inside poll.
tics and maneuvers of the execu.
tive branch, some day there may
be another 'rebuke" and it may
come from Congress in it's interpre
tation of what is meant by the
phrase during good behavior" a.
used in the Constitution.
Judges do not hold Office for life
as is commonly supposed. but only
during good behavior" and re.
spect for the dignity of the judicia
branch would seem to require thu
complete separation of Supreme
Court justices from any connection
however tenuous, with the so-callec
palace intrigue" which is in an.
other sector of the battle of Wash
ington" one now hears so much
about.
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