Chapter V What the President Does

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.