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Executive

power, laws, government, legislature, officials, body and coun

EXECUTIVE, in the United States, prop erly, though in the narrow and restricted sense, the entire official body charged with the ex ecution of the laws, but popularly the chief officer, as President (of the United States), governor (of a State), mayor (of a city), etc.

Executive executive functions in the modern state are much more diversified and important than the usual definition of the word would indicate, since, besides enforcing the laws enacted by the legislative department of government, the executive, in the larger sense, must formulate and carry out constructive policies, direct the public life of the state, act as its representative in its rela tions with foreign states, render many highly important decisions and exercise wide discretion and judgment. Hence the executive power covers a range of official activities wider and more significant than the mere fulfilment of the commands of the legislature. The organiza tion of the legislative and executive branches of government necessarily must differ because the former is the body which deliberates upon the needs of the state and enacts the legisla tion required to meet such demands, while the latter's primary, though not its sole, function is to execute with the utmost promptness, energy and efficiency the will of the state as formulated by the legislative body. To attain such results a single executive is most desir able, since the division of executive power between several co-equal authorities would create confusion in times of stress, would en able the responsibility for action easily to be shifted from one shoulder to another, and would result in a lack of unity and efficiency in government so essential to its success. In anc.ent Athens executive power was divided between generals and archons; in Rome be tween two consuls, and in Sparta for many years between two kings, while in France be tween 1795 and 1800 a directory (q.v.) of five persons was in office and later three consuls held the executive power. The general execu tive of the American colonies was the king; their individual executives, the governors, ap po.nted by the Crown or (in Rhode Island and Connecticut, and for a few years in Massa chusetts) chosen by the people. These were succeeded de facto by the committees or coun cils of safety; then by officials usually called governor, sometimes president, and sometimes not by single persons, but by executive coun cils, as in Switzerland. (See also COLONIAL

GOVERNMENTS, PROPRIETARY). The general gov ernment had no executive till the adoption of the Constitution (q.v.). The Continental Con had only such functions as the State legislatures allowed it, which were to debate and ask for supplies and make recom mendations; and the Articles of Confederation provided for no executive. (See UNITED STATES -THE ARTICLES OF CONFEDERATION). At the present time executive power is organized on the single person plan in all countries save Switzerland which has an executive council of seven members.

In general executive power may be said to include the execution of the laws and treaties; the conduct of foreign relations either with or without the aid or consent of the legislature or one of its branches; the command and dis position of the military and naval forces; the power to approve or disapprove acts of the legislature, to recommend subjects and meas ures for its consideration, and in some coun tries to summon, open and prorogue its ses sions; the power of appointing and dismissing the more important administrative officials; and the right to pardon those who have of fended against the laws, save in impeachment cases. The executive branch of the government in nearly all states, in a greater or lesser de gree, is empowered to issue ordinances, regula tions or decrees establishing rules for the con duct of governmental officials and affairs, to interpret statutes for the guidance of officials and to supplement laws respecting numerous matters that have been left to the discretion of the executive. In England such executive legislation is accomplished by the °statutory rules and orders* issued by the departments of state, especially the home office and the local government board. In France the legislature enacts laws on broad, general principles and allows the executive to insert the details by means of ordinances. The undefined and now greatly restricted °royal prerogative* of the executive in monarchical states has no statutory authority and may be considered the remnant of the king's common-law powers. See the articles or paragraphs on •Government* under the titles of the various nations.