1941The Annals of the American Academy of Political and Social ScienceRequires access

Some Aspects of the Presidency

Edward S. Corwin

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Abstract

T IS a common allegation that terms in which President's powers are granted are loosest and most unguarded of any part of Constitution, and this is true when Article II is read by itself. But what warrant is there for reading it thus, rather than in its context, Constitution as a whole? When it is read in this way net impression left is quite different. shall be vested in a President of United States of America; the President shall be Commander in Chief of Army and Navy; with advice and consent of Senate he shall make treaties and appoint to office; he shall have to grant reprieves and pardons for offenses against United States; he shall recommend to Congress measures as he shall judge necessary and expedient; and so on and so forth. Yet, in order to exercise any of these powers-in order, indeed, to subsist-he must have money, and can get it only when and if Congress appropriates it. Likewise, he is dependent on Congress for very agencies through which he must ordinarily exercise his powers, and Congress is judge as to necessity and propriety of such agencies. Again, he is bound to take care that laws which Congress enacts are faithfully executed-for this purpose all his powers are in servitude; and Congress has to investigate his every official act, and can, by a special procedure, if it finds him guilty of high crimes and misdemeanors, impeach him and throw him out of office. Moreover, by standard set by prerogative of British monarch in 1787, his Executive power and his to protect that were both seriously curtailed. The to declare war was vested in Congress; Senate was made a participant in his diplomatic powers; he was given a veto upon all legislative acts, but one which houses may override by a two-thirds vote, whereas supposed veto of British monarch was absolute.

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T IS a common allegation that terms in which President's powers are granted are loosest and most unguarded of any part of Constitution, and this is true when Article II is read by itself. But what warrant is there for reading it thus, rather than in its context, Constitution as a whole? When it is read in this way net impression left is quite different. shall be vested in a President of United States of America; the President shall be Commander in Chief of Army and Navy; with advice and consent of Senate he shall make treaties and appoint to office; he shall have to grant reprieves and pardons for offenses against United States; he shall recommend to Congress measures as he shall judge necessary and expedient; and so on and so forth. Yet, in order to exercise any of these powers-in order, indeed, to subsist-he must have money, and can get it only when and if Congress appropriates it. Likewise, he is dependent on Congress for very agencies through which he must ordinarily exercise his powers, and Congress is judge as to necessity and propriety of such agencies. Again, he is bound to take care that laws which Congress enacts are faithfully executed-for this purpose all his powers are in servitude; and Congress has to investigate his every official act, and can, by a special procedure, if it finds him guilty of high crimes and misdemeanors, impeach him and throw him out of office. Moreover, by standard set by prerogative of British monarch in 1787, his Executive power and his to protect that were both seriously curtailed. The to declare war was vested in Congress; Senate was made a participant in his diplomatic powers; he was given a veto upon all legislative acts, but one which houses may override by a two-thirds vote, whereas supposed veto of British monarch was absolute.

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Available abstract

T IS a common allegation that terms in which President's powers are granted are loosest and most unguarded of any part of Constitution, and this is true when Article II is read by itself. But what warrant is there for reading it thus, rather than in its context, Constitution as a whole? When it is read in this way net impression left is quite different. shall be vested in a President of United States of America; the President shall be Commander in Chief of Army and Navy; with advice and consent of Senate he shall make treaties and appoint to office; he shall have to grant reprieves and pardons for offenses against United States; he shall recommend to Congress measures as he shall judge necessary and expedient; and so on and so forth. Yet, in order to exercise any of these powers-in order, indeed, to subsist-he must have money, and can get it only when and if Congress appropriates it. Likewise, he is dependent on Congress for very agencies through which he must ordinarily exercise his powers, and Congress is judge as to necessity and propriety of such agencies. Again, he is bound to take care that laws which Congress enacts are faithfully executed-for this purpose all his powers are in servitude; and Congress has to investigate his every official act, and can, by a special procedure, if it finds him guilty of high crimes and misdemeanors, impeach him and throw him out of office. Moreover, by standard set by prerogative of British monarch in 1787, his Executive power and his to protect that were both seriously curtailed. The to declare war was vested in Congress; Senate was made a participant in his diplomatic powers; he was given a veto upon all legislative acts, but one which houses may override by a two-thirds vote, whereas supposed veto of British monarch was absolute.

Key concepts: Presidency, Political science, Politics, Law

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