It is the first duty of the President, as the head of the national
administration, to see that the Constitution, laws, and treaties of the
United States as well as the decisions rendered by the federal courts
are duly enforced. In the discharge of this duty he directs the heads
of the various departments and preserves a measure of integration.
The President exercises close control over the Department of State; and
he keeps in constant touch with the activities of all the departments.
APPOINTIVE POWER
It has already been noted that the President appoints the federal
judges; but their number is insignificant with the total number of
federal appointments made by the President in connection with his
administrative duties. The most important of the appointments to civil
positions are made by the President with the approval of the Senate;
but there are also a vast number of inferior positions established
by law that are filled by the President alone or by the heads of
departments. Of the inferior appointees a large proportion come under
the terms of the civil service act, so that they are chosen from
eligible lists made up after examinations.
Party considerations naturally play a large part in the making
of these many federal appointments; and it is a settled custom to
recognize the members of Congress, when they are of the same party as
the President, in making appointments to offices in their respective
states and districts.
To what extent the President has the power of removal has been a much
controverted question. The Senate has contended from time to time that
where an appointment could be made only with its consent a removal
likewise required its consent. But strange to say the question was
not settled until a few years ago when the Supreme Court finally held
that the President could remove such an officer without consulting
the Senate. This, of course, does not apply to the federal judges,
who, under the Constitution, can only be removed as already stated, by
impeachment.
Obviously the responsibility for the filling of the thousands of
appointive positions at the disposal of the President, while giving him
a powerful political instrument, means that a large share of his time
must be devoted to questions of patronage. Particularly just before and
immediately after his inauguration does a President deserve sympathy in
this connection. He cannot, unfortunately, escape the rush of office
seekers even on some battleship for more than a few weeks.
WAR POWERS
The President is the Commander-in-Chief of the Army and Navy. As has
been demonstrated, in time of war the President exercises almost
unlimited authority, not merely in the direction of the country’s armed
forces, but over the economic resources and the man power of the nation.
FOREIGN AFFAIRS
The President is primarily responsible for our foreign policy and its
results, though any treaties he negotiates must be confirmed by the
Senate to become effective.
Congress creates diplomatic and consular positions by law and provides
the salaries attached to them. But the President names those who are to
fill the positions, subject to the confirmation of the Senate.
In connection with our foreign relations, the President receives
the ambassadors and public ministers of foreign countries; and he
may dismiss them, although to do so may embroil the country in
international difficulties.
Not all agreements with other countries have the status of treaties;
but there are conventions and executive agreements that do not require
the approval of the Senate, as for instance, an arrangement with
foreign countries regarding the mails.
It is evident that there is a chance for the abuse of the power
referred to; and Presidents have frequently been accused of doing, by
executive agreement, things to which the Senate might not have given
its approval.
THE PARDONING POWER
The President has the power to grant reprieves and pardons for offenses
against the United States. This power is unlimited. A fine may be
remitted, a death sentence commuted or an offender freed altogether.
Applications for executive clemency come through the department of
justice, where there is a pardon clerk through whose hands the papers
pass.
THE PRESIDENT AND LEGISLATION
The Constitution requires that the President, from time to time, give
Congress information on the state of the Union and that he recommend
such legislative measures as he may deem necessary and expedient. The
Presidential message may be delivered orally in the presence of both
Houses or be sent to them in written form. The latter procedure was
followed for more than a hundred years until President Wilson returned
to the custom inaugurated by Washington and read his messages to the
two Houses in joint session.
The President’s message may have great political significance and
frequently suggests specific laws that the President considers
should be enacted. By means of his message and such pressure and
public opinion as he can bring to bear and muster in behalf of his
recommendations the President may materially affect legislation by
Congress, particularly when his party is in control.
The President’s positive influence on legislation is therefore
variable. But he has a distinct power under the Constitution of a
negative nature. For he may veto any act of Congress that does not meet
with his approval. Every bill or joint resolution after it has been
passed by Congress must be presented to him and becomes a law only if
he signs it or fails to return it within ten days, Sunday excepted. If
he disapproves it he must return it to the House in which it originated
with a statement of his objections, which constitutes a veto. If both
Houses again adopt it by a two-thirds vote it becomes a law in spite of
the executive disapproval. Otherwise the veto has the effect of killing
the measure. When Congress adjourns the President may quietly dispose
of any bills that he does not wish to approve by simply doing nothing.
This is known as a “pocket veto.” Its legal effect has always been
disputed but never tested, up to the present. Now, however, there is a
case before the United States Supreme Court involving this question.
GENERAL ACTIVITIES
It is unnecessary to remark that the President cannot personally attend
to the many things that the Constitution gives him power to do. He
must leave many of the details to subordinates. He cannot even read
the thousands of letters that come to the White House each week. His
secretaries select those which they think he should see and bring them
to his attention.
He spends many of his most important working hours in just seeing
people. He has to consult the leaders of his party in Congress
about legislation; and he is constantly conferring with them about
appointments.
His time is taken up with his duties as party leader and his duties as
national leader.
By a special act of Congress the President cannot go anywhere without
the protection of a bodyguard. On formal occasions he is accompanied
by army and navy officers as aides. He is accompanied at all times by
secret service agents.
Custom also decrees a great deal of entertaining by the President.
Formal receptions, dinners and dances are a matter of established
practice.
Being the head of the nation he is looked upon as belonging to the
nation; and every act of his is of public interest. Therefore he is
constantly subjected to the demands of reporters and photographers. It
has even become customary for him to set aside several hours a week
regularly in which to receive the newspaper correspondents in a body.
In his book “Constitutional Government in the United States,” published
in 1918, Woodrow Wilson said of the President: “He may be both the
leader of his party and the leader of the nation, or he may be one or
the other. If he leads the nation, his party can hardly resist him. His
office is anything he has the sagacity and force to make it.”
Whether the President plays the leading part in the drama of government
or remains subordinate, the servant of Congress rather than the servant
of the people, depends upon who is President.