By an act of Congress passed in 1792 it is required to be within 34 days preceding the first Wednesday in December. A subsequent act in 1845 appointed the Tuesday following the first Monday in November as election day.
By the act of 1792 the electors chosen in each state are required to assemble on the first Wednesday in December at some place in the state which is designated by the legislature. Before this date the governor of the state must cause a certified list of the names of the electors to be made out in triplicate and delivered to the electors. Having met together they vote for president and vice-president, make out a sealed certificate of their vote in triplicate, and attach to each copy a copy of the certified list of their names. One copy must be delivered by a messenger to the president of the Senate at the federal capital before the first Wednesday in January; the second is sent to the same officer through the mail; the third is to be deposited with the federal judge of the district in which the electors meet. If by the first Wednesday in January the certificate has not been received at the federal capital, the secretary of state is to send a messenger to the district judge and obtain the copy deposited with him. The interval of a month was allowed to get the returns in, for those were not the days of railroad and telegraph. The messengers were allowed twenty-five cents a mile, and were subject to a fine of a thousand dollars for neglect of duty. On the second Wednesday in February, Congress is required to be in session, and the votes received are counted and the result declared.
He can make treaties with foreign powers, but they must be confirmed by a two thirds vote of the Senate. He appoints ministers to foreign countries, consuls, and the greater federal officers, such as the heads of executive departments and judges of the Supreme Court, and all these appointments are subject to confirmation by the Senate. He also appoints a vast number of inferior officers, such as postmasters and revenue collectors, without the participation of the Senate. When vacancies occur during the recess of the Senate, he may fill them by granting commissions to expire at the end of the next session. He commissions all federal officers. He receives foreign ministers. He may summon either or both houses of Congress to an extra session, and if the two houses disagree with regard to the time of adjournment, he may adjourn them to such time as he thinks best, but of course not beyond the day fixed for the beginning of the next regular session.
The effectiveness of a president's message depends of course on the character of the president and the general features of the political situation. That separation between the executive and legislative departments, which is one of the most distinctive features of civil government in the United States, tends to prevent the development of leadership. An English prime minister's policy, so long as he remains in office, must be that of the House of Commons; power and responsibility are concentrated. An able president may virtually direct the policy of his party in Congress, but he often has a majority against him in one house and sometimes in both at once. Thus in dividing power we divide and weaken responsibility. To this point I have already alluded as illustrated in our state governments.
Our secretary of state is our minister of foreign affairs, and is the only officer who is authorized to communicate with other governments in the name of the president. He is at the head of the diplomatic and consular service, issuing the instructions to our ministers abroad, and he takes a leading part in the negotiation of treaties. To these ministerial duties he adds some that are more characteristic of his title of secretary. He keeps the national archives, and superintends the publication of laws, treaties, and proclamations; and he is the keeper of the great seal of the United States.
QUESTIONS ON THE TEXT.
1. Speak (1) of the president's share in legislation; (2) of his relation to the executive department, and (3) of the origin of his title.
2. The electoral college:--
a. The method of electing the president a perplexing question. b. The constitution of the electoral college, with illustrations. c. Qualifications for serving as an elector. d. The method of choosing electors. e. The time of choosing electors. f. When and where the electors vote. g. The number and disposition of the certificates of their h. The declaration of the result.
3. What was the method of voting in the electoral college before 1804? Illustrate the working of this method in 1796 and 1800.
4. The amendment of 1804:--
a. The ballots of the electors. b. The duty of the House if no candidate for the presidency receives a majority of the electoral votes. c. The duty of the Senate if no candidate for the vice-presidency receives a majority of the electoral votes. d. Illustrations of the working of this amendment in 1825 and 1837.
5. The electoral commission of 1877:--
a. A difficulty not foreseen. b. Conflicting returns in 1877. c. The plan of arbitration adopted.
6. The presidential succession:--
a. The office of vice-president. b. The act of 1791. c. The possibility of a lapse of the presidency. d. The possibility of an unfair political overthrow. e. The act of 1886.
7. Compare the original purpose of the electoral college with the fulfillment of that purpose.
8. Explain the transition from a divided electoral vote in a state to a solid electoral vote.
9. Show how a minority of the people may elect a president. Who have been elected by minorities?
10. What is the advantage of the electoral system over a direct popular vote?
11. Methods of nominating candidates for the presidency and vice-presidency before 1832:--
a. The absence of constitutional and legislative requirements.
b. Presidents not nominated. c. Nominations by congressional caucuses. d. Nominations by state legislatures. e. Nominations by local conventions.
12. Nominations by national conventions in 1832 and since:--
a. The nature of a national convention. b. The platform. c. The number of delegates from a state, and their election. d. The relation of the "primaries" to district, state, and national conventions. e. The nature of the primary. f. Its two duties. g. The duty of the voter to attend the primaries.
13. The presidency:-- a. Qualifications for the office. b. The term of office.
14. Powers and duties of the president:-- a. As a commander-in-chief. b. In respect to reprieves and pardons. c. In respect to treaties with foreign powers. d. In respect to the appointment of federal officers. e. In respect to summoning and adjourning Congress. f. In respect to reporting the state of affairs in the country to Congress.
15. The president's message:-- a. The course of Washington and Adams. b. The example of Jefferson. c. The effectiveness of the message. d. Power and responsibility in the English system.
e. Power and responsibility in the American system.
16. Executive departments:-- a. The departments under Washington. b. Later additions to the departments. c. The "Cabinet." d. The resemblance between the English cabinet and our own. e. The difference between the English cabinet and our own.
17. The secretary of state:-- a. Is he a prime minister? b. What would be necessary to make an American personage correspond to an English prime minister? c. What are the ministerial duties of the secretary of state? d. What other duties has he more characteristic of his title?
18. Our diplomatic and consular service:-- a. The distinction between ministers and consuls. b. Three grades of ministers. c. The persons to whom the three grades are accredited. d. The grade of ambassador.
19. The secretary of the treasury:-- a. His rank and importance. b. His various duties. c. His chief assistants. d. The administration of the treasury department since 1789.
20. The duties of the remaining cabinet officers:-- a. Of the secretary of war. b. Of the secretary of the navy. c. Of the secretary of the interior. d. Of the postmaster-general. e. Of the attorney-general.
Civil Government in the United States Considered With Some Reference to Its Origins · The Wunder Library — complete classics, free to read, with narration.