Questions & Answers

In the Category: Presidency and Executive Power

#EXE210 Is there any limit to the power of the President to make treaties? The power of making treaties is so great that the Constitution will entrust it to no one man. Even the President cannot make a treaty without the consent of the Senate of the United States; nor is it...
#EXE211 Has the President any power over other offices and positions in the f ederal government? Yes, he has the powers of nomination and appointment.
#EXE212 What are the powers of nomination and appointment? When persons are to be employed to perform the duties of certain influential public offices, none can be eligible but those whom the President first nominates; that is, whom he proposes to the Senate,...
#EXE213 What sort of officers are appointed in this matter? Ambassadors and foreign Ministers, consuls, judges of the Supreme Court and federal districts, and all other officers of the United States, except those who are expressly ordered by the Constitution t...
#EXE214 May the President appoint any officer without the consent of the Senate? Yes, if Congress makes a law giving him the power to do so.
#EXE215 What are the regular duties of the President? The President must from time to time report to Congress concerning the state and affairs of the nation.
#EXE216 Does he know what is the state of the nation better than Congress? Yes; his office is such that he is better situated for knowing it. Members of Congress reside in and represent only one State, but the President occupies a position of national authority. It is the du...
#EXE217 When does he lay this information before Congress? After a first introductory address at the beginning of his term, he makes a full statement of it, usually on an annual basis, when they meet together in a joint session of congress, in what is usually...
#EXE218 Suppose Congress wishes to know from the President something which he has not told them in his speech or messages, may they call upon him to communicate it? Yes, and if he does not think that the public good requires it to be kept secret, he always answers the call, and gives them the knowledge they requested, if he can do so.
#EXE219 Does he do more than communicate information to the Congress? Yes; it is his duty also to recommend to them such actions as he believes will be for the advantage of the nation.
#EXE220 Are they obliged to do as he wishes? No. They are to give careful and respectful attention to his recommendations and his reasons for them, but they are at full liberty to follow their own judgment in all cases.
#EXE221 Is it desirable that the Congress should always comply with the advice of the President? No; for then his advice would, in time, come to have the authority of a command; it would be the President and not Congress who was legislating our laws; and the liberty of the country would be in the...
#EXE222 Suppose some very important matter should arise while Congress is adjourned, can the President call them together? Yes. He can call either both houses, or only one. If any law is to be made, both houses are required. If only a treaty or an appointment is to be made, the Senate only need be assembled.
#EXE223 If when both Houses are in session, they should find themselves unable to agree about the time at which they will adjourn (that is, cease to meet and go into recess) can the President end their dispute? Yes, by adjourning both Houses.
#EXE224 In that case, when are they to reconvene? At any time the President declares, once he has adjourned them.
#EXE225 What are the duties required of the President with regard to foreign heads of state? He must receive all ambassadors and foreign ministers; that is, persons sent by other nations to make treaties with us, or to reside here as representatives of their own government.
#EXE226 Has he any great overriding duty? Yes, he has one great, general, and constant duty in which all this power is put at his command, it is to take care that the laws shall be faithfully executed and enforced; that is, that whatever Cong...
#EXE227 May he be punished himself? Every civil officer of the United States may be impeached by the House of Representatives, tried before the Senate, and, if found guilty, may be turned out of office. The crimes for which this is done...
#EXE228 Can there be no bribery but by means of money? Yes; bribes may be offered in various forms. Any benefit or advantage received by an officer of the government, including the President, for a constitutionally improper end is considered a bribe.

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