the beginnings of the French Revolution and the ardent and passionate discussions which preceded and accompanied the Convention which formed the Constitution of the United States, together with the experience of the colonists under the first Federation, made it very definite and clear to the framers of the Constitution just why each of these separate branches was established and just where and why their several powers were limited. Thus they provided a dual legislative body whose functions were established by the fact that it it was composed of representatives of all the people of all the states and whose powers were definitely limited by a distinct grant and a distinct reservation. Secondly, the executive branch, with no discretionary power to extend provisions made by the legislative branch was also given a means of check upon the legislative function, and for the purpose of adjusting not only the relation between the legislative and the executive powers, but for the purpose as well of conserving the rights of the independent State and the individual citizen from the possible encroachment of the other two branches of the government, there was established what has been described as the crowning effort of the Constitution makers, a judicial power which is independent of both the legislative and the executive, and whose action constitutes the final step necessary to formulate the will of the people into a portion of the governing law of the nation. The executive may propose but cannot execute until the legislative has approved. The legislative may both propose and approve, but is subject to a qualified veto by the executive, and in neither case can there be final approval of a measure affecting the right of any citizen until the question has been passed upon by the highest court of what is in effect the highest power, namely, the judiciary. Understanding from their previous experience the tests which the new nation would be called upon to undergo, the framers of the Constitution deliberately and with a premonition of some, at least, of the later developments, conceived and executed a plan of government which seems to have surpassed in its practical benefit that of any nation, ancient or modern.

CHAPTER II.

THE PRESIDENT OF THE UNITED STATES.

The characteristics of the executive power of the United States was the most serious problem relating to the personnel of the government undertaken by the Constitutional Convention. Of all the provisions it was only matched in importance by that fixing the relations of the States themselves. The Articles of Confederation made no provision for an executive head of the government. Two well-defined schools of thought, whose influences were felt for more than half a century, were already established among the delegates to the Convention. There were, on the one hand, those who doubted if a successful government could be maintained, unless the executive head had some kingly prerogatives. On the other hand, there were those who vehemently denied the right of personal prerogative, either inherent or conferred, and who could comprehend nothing but the destruction of a representative form of government whose executive officer should be more than a superior clerk. As a mutual concession, there was an entire lack of definition of what constituted the executive power. No provision is made in the Constitution prescribing or limiting the executive powers vested "in a President of the United States of America." Definite provision is made as to the President's duties with relation to foreign governments, but as between the States themselves, the duties of the President are left to be determined by the course of events, subject to the checks which Congress may from time to time place upon them.

The President of the United States must have been born within the United States. He must have attained to the age of thirty-five years, and he must have been fourteen years a resident within the United States. In practice the President is always chosen from another State, and usually from another section

of the country, than the Vice-President. This is to an extent, founded upon the provision of the 12th Amendment of the Constitution, which directs that when electors vote for President and Vice-President, one of the persons so voted for shall not be an inhabitant of the same State with the electors. The President may not receive during the period of his office any emolument from the United States or from any of them, other than the compensation fixed by Congress, and which may neither be increased nor diminished during the period for which he has been elected. This compensation at the present time is fixed at fifty thousand dollars, and he is allowed in addition the use of the official residence with the services of the persons attached thereto, as prescribed by Congress, and has as the supervisory official of all departments, free transportation on all vessels owned by the government of the United States, but receives no allowance for subsistence or entertainment, except that by a recent provision of Congress an annual appropriation it made to pay his expenses when travelling.

While the powers of the President with respect to domestic administration are left largely to the discretion of the Congress, and to the definition of the Supreme Court as to what constitutes executive power, distinct provision is made for the powers which he shall exercise; first, with relation to foreign countries; second, with relation to the appointment of the subordinate officers of the government; and, third, with reference to the exercise of the supreme power of clemency. Under the first head he is the Commander-in-Chief of the Army and Navy of the United States, and is placed in control of the militia of the various States, when it has been called into the actual service of the United States. With the details of the organization and direction of the militia in time of peace he has nothing to do, except so far as Congress may direct Federal aid to be placed at the disposal of the States for the improvement of the efficiency of the militia upon compliance with certain requirements. But when the respective quotas of the States have been tendered to and enrolled by the United States, they come under the command of the President

as the Commander-in-Chief of the armed forces of the country. These powers of the President have, largely, in practice been put into commission under the direction of the respective Secretaries of the Departments of War and the Navy, but the condition has been the fact, in all the wars of the United States, of a civilian in supreme control of the military operations of the United States. The reasons for this provision were undoubtedly two-fold. First, because of the independent powers of the President in dealing with foreign affairs; and, second, because the framers of the Constitution undoubtedly had in mind the impending Presidency of General Washington, and the fact that many of the prominent men of the immediate time were successful military leaders of the Revolution. The provision by which the President is made the Commander-in-Chief of the Army and Navy places upon him the burden of responsibility for the successful outcome of the military operations of the country, and while, as has been stated, the details have been for the most part entrusted to subordinates, the President himself is actual director of the military power of the Republic. The President has power to make treaties with foreign countries, subject to the advice and consent of the Senate, two-thirds of the Senators present at the time of the vote concurring. The treaty power thus bestowed carries with it the necessity of military power, which is conferred in the first clause of the section conferring the treaty making power.

The second in importance, of the defined powers conferred upon the President, is that of nominating all officers whose appointment is not otherwise provided for under the Constitution. The list of these classes of Presidential nominations, requiring the confirmation of the Senate, is as follows:

STATE DEPARTMENT.

Secretary of State.

Assistant Secretary of State.

Second and Third Assistant Secretaries of State.
Ambassadors.

Ministers.

Consuls General

Consuls.

Ministers Resident.

Charges and Secretaries receiving compensation.

Secretaries of Embassies.

Secretaries of Legations.

Diplomatic Agents.

TREASURY DEPARTMENT.

Secretary of the Treasury.

Three Assistant Secretaries of the Treasury.
Comptroller of the Treasury.

Assistant Comptroller of the Treasury.
Auditor for the Treasury Department.

Deputy Auditor for the Treasury Department.

Auditor for the War Department.

Deputy Auditor for the War Department.
Auditor for the Interior Department.

Deputy Auditor for the Interior Department.

Auditor for the Navy Department,

Deputy Auditor for the Navy Department.
Auditor for State and other Departments.

Deputy Auditor for State and other Departments.

Auditor for the Post Office Department.

Two Deputy Auditors for the Post Office Department. Treasurer of the United States.

Assistant Treasurer of the United States.

Register of the Treasury.

Assistant Register of the Treasury.

Commissioner of Internal Revenue.

Comptroller of the Currency.

Director of the Mint.

Commissioned Officers of the Revenue Cutter Service.

Collectors of Customs.