The Debates of the Several State Conventions on the Adoption of the Federal Constitution; As Recommended by the General Convention at Philadelphia in 1787 - Together with the Journal of the Federal Convention, Luther Martin's Volume 4 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1836 edition. Excerpt: ...the gentleman's doctrine is founded; it is that part which declares that the executive power shall be vested in a President of the United States. The association of the Senate with the President, in exercising that particular function, is an exception to this general rule; and exceptions to general rules, I conceive, are ever to be taken strictly. But there is another part of the Constitution which inclines, in my judgment, to favor the construction I put upon it: the President is required to take care that the laws be faithfully executed. If the duty to see the laws faithfully executed be required at the hands of the executive magistrate, it WOl1ldlSeeII that it was generally intended he should have that Species of power which is necessary to accomplish that end. Now, if the officer, when once appointed, is not to depend upon the President for his official existence, but upon a distinct body, (for Where there are two negatives required, either can prevent the removal, ) I confess d0 not see how the President can take care that the laws be faithfully ellecuted. It is true, by a circuitous operation, he may obtain an impeachment, and even without this it is not impossible he may obtain the concurFence of the Senate, for the purpose of displacing an officer; but would ii-lllfi give that species of control to the executive magistrate which seems E0 be required by the Constitution' I own, if my opinion was not contrary to that entertained by what Isuppose to be the minority on this Question, I should be doubtful of being mistaken, when I discovered h0W Inconsistent that construction would make the Constitution with itself. I y bring myself to imagine, the wisdom of the Convention Who ramed the Constitution contemplated such incongruity....