47 the Presidents Office

president, power, party, senate, cabinet, house, act, electoral, vote and presi

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Following the change in the electoral col lege came the Congressional caucus. This body, comprising the members of a given party in Congress, assumed the task of designating the candidates who should afterward receive the suffrages of the successful electors. At a period when party machines were new and unde veloped and communication difficult this body exercised a potent influence, not merely in nam ing the executive but in controlling his subse quent policy. It thus violated the cardinal prin ciple of separating the primary functions of government and was contrary to the growing spirit of democracy. In 1824 similar bodies in each State legislature broke the power of the national caucus but only offered a multitude of weak initiations in its place. During Jackson's ad ministration the national convention composed of delegates selected by State district conventions became the acceptable method of naming Presi dential candidates. It has so continued to our own day, although in the last two elections °Presidential primaries° under State laws have often been used to select party delegates. As yet neither of the leading parties has made a serious attempt to adopt a national primary law.

Technically the President is not chosen un til the counting of the electoral votes in Febru ary' before the assembled Senate and House of Representatives. In 1800 an unsuccessful at tempt was made to determine exactly what part each House should take in this ceremony, espe cially in case of a contested vote. In 1865 a question arose over the returns from the "re constructed" States of Tennessee and Louisiana. Congress hastily adopted the "Twenty-Second Joint Rule," which provided that each House should vote separately upon disputed election returns. This joint rule was suspended in 1877 by the famous "Electoral Commission," con sisting of five members from the Supreme Court and five from each House. This com mission passed upon the returns of each State and by a party vote seated Mr. Hayes. In order that such a dispute might not recur, Congress in 1877 determined by law to accept election certificates issued by accredited State officers. Each State thus has the power to de termine its own electoral vote.

The Presidential The Vice President, chosen in the same manner as the President, succeeds him in case of the latter's death, disability or removal. Five of the 28 Presidents have reached the higher office through their predecessor's death. The suc cession was first regulated by the law of 1792, which provided that after the Vice-President the president of the Senate and in turn the speaker of the House might assume office for the sole purpose of ordering a new election. But during the intermission between two Con gresses neither of these officials is in exist ence. Accordingly this method was superseded by the Act of 1886, which provides that in case both the President and Vice-President die or are removed, the Secretary of State should succeed, and after him, in order of seniority, the other members of the Cabinet.

Powers, Obligations and Privileges of the Since 1909 the annual com pensation of the President has been $75,000, with special appropriations for the care of the Executive Mansion. In general the life of a President is characterized by a simple dignity, although Presidents Roosevelt and Taft recently confessed that their movements while in office were restricted by necessary precau tions for their safety. The first two Presi

dents attempted a series of stately public cere monials, which their successors wisely aban doned. The President endeavors to keep in touch with public sentiment by frequent inter views generally due to executive initiative, with those who are supposedly able to give him first hand information. Of late the Presidents have made frequent lengthy tours over the country, both to learn general views and to guide such views, into particular channels. Moreover the President may be influenced in regard to popu lar sentiment by the members of his Cabinet— his official advisers. But now the Cabinet offi cial more frequently receives his views from the President than the reverse.

In the Constitutional Convention it was first proposed that the Cabinet should exercise a definite check upon the President but it was soon perceived that the power of the Senate over treaties and appointments was sufficient for this purpose. Washington consulted with his secretaries by letter, by personal interviews and in general meeting, hut always reserved final decisions for himself. Jefferson at first affected a closer consultation with his Cabinet, with the idea of assuming only double weight in their joint counsels, but found that he could not escape ultimate decision for himself. Jack son frankly assumed a much more arrogant direction, and Lincoln, one as effectual, al though pursued in a different manner. The present tendency is wholly in the direction of single executive responsibility in all affairs of great moment, although the President must entrust the multitudinous details of action to his subordinates.

The Act of 1789, creating the office of Secretary of State, gave the President the power to remove a subordinate without previously consulting the Senate. The only exception to the full exercise of this power occurred under the Tenure of Office Act, passed in 1867 to curb Johnson. Two years later the significant portion of this act was repealed and the re mainder 3 March 1887. Although it served its purpose in affording a pretext to impeach Johnson, it never received judicial interpreta tion. As head of the army and navy the Presi dent at all times an extensive ap pointing power. The Constitution permits Con gress to vest the appointments for some minor offices in the heads of departments or their immediate subordinates. About five-sixths of the 340,000 odd Federal offices are under civil service rules. About 10,000 of the more im portant officials must be confirmed by the Sen ate and it is over this patronage that the Presi dent incurs trouble, if he does not give local influences due weight. Occasionally the Senate has requested additional information about the removal of an official before proceeding to con firm his successor. Cleveland took the position that this was not in keeping with public interests and consistently maintained his point. Jackson used the power of removal in building up a per sonal party machine, and his successors, in cluding Lincoln himself, often had to follow his example. This abuse has been greatly cur tailed since the passage of the Civil Service Act of 1883.

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