USA > Vermont > Outlines of the geography, natural and civil history and constitution of Vermont. Also the Constitution of the United States. with notes and queries > Part 16
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The oath of office is required of the president that he may be placed under the most solemn and sacred obligations to the per- formance of his duties.
SEC. 2. Clause 1. The president shall be commander- in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the ex- ecutive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
The unity, promptness, and efficiency of action, which are nec- essary in military and naval operations, can be better secured when a single person has the command, than when it is distributed among several persons. And as the duties of commander-in-chief
dent ? What is the object of this clause? What are the salaries of the president and vice president ?
What oath is the president required to take before entering on the execution of his office ? Why is this required ?
What authority has the president in military and naval affairs? Why is it desirable that a single person should have the chief com-
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are of an executive nature, it is eminently proper that they should "be performed by the highest executive officer.
The principal officer in each of the executive departments is pre- sumed to give constant and special study to subjects connected with his department, and to be better informed concerning them than any one else can be. Their opinions are therefore valuable, and the president is authorized to require them in writing. But he is under no obligation to adopt such opinions. Nor do the president and heads of departments constitute an executive council, whose decision is the decision of the executive department. The presi- dent receives opinions and listens to advice, but his own decision is supreme.
A reprieve is a delay of the execution of a sentence in a criminal case, for a specified time. A pardon is an entire discharge of a criminal from the punishment due to his crime. Reprieves and par- dons are sometimes necessary to remedy injustice which may have been done by means of false, mistaken, or insufficient testimony. The president may pardon before trial und conviction, as well as after, and may grant a conditional or unconditional pardon. He may remit fines, penalties, and forfeitures under the revenue laws, and may order a criminal prosecution pending in the name of the United States to be discontinued at any stage of the proceedings. An exception is made in the case of impeachments, because the ob- jeet of an impeachment is not so much to punish as to disgrace by removal from office, and because the president might be tempted to protect persons who were perhaps appointed by himself to the offices from which it is sought to remove them.
mand of the army and navy ? What makes it proper that the president shall be commander-in-chief ?
What may the president require of the principal officers in the executive departments ? Why are their opinions valuable ? Is the president bound to adopt their opinions ? What is said of the re- lation between the president and the principal officers of the de- partments ?
What power has the president in regard to offenses against the United States ? What is a reprieve ? What is a pardon? Why are reprieves and pardons sometimes necessary ? In what various Ways may the president exercise his pardoning power ? Why is an exception made in the case of impeachments?
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Clause 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two- thirds of the senators present concur ; and he shall nomin- ate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and con- suls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But . the Congress, may, by law, vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments.
A treaty is an agreement between two or more nations. Treaties are usually negotiated by agents or ministers appointed for that purpose, but they are not binding till ratified by the gov- ernments themselves. When a treaty has been concluded by the president, the Senate may ratify or reject it, may ratify it in part and reject it in part, or may propose additional articles. Amendments, as well as the original treaty, require a vote of two- thirds. If a treaty is at all amended by the Senate, or is ratified only in part, it does not become binding till approved by the presi- dent, and adopted by the government with which it was made. The power of making treaties is vested in the president because, as the chief executive officer, he is most fully informed respecting the re- lations of the United States with foreign natione ; and the Senate is associated with him, because treaties are a part of the supreme law of the land, and it is suitable that the legislative department of government should be represented in making them.
Ambassadors are ministers of the highest grade sent to foreign nations, and are usually ealled Envoys Extraordinary, or Minister Plenipotentiary. The term " public ministers " ineludes all min- isters except ambassadors and commissioners appointed for special
What power has the president in regard to treaties? What is a treaty ? How are treaties usually negotiated ? When only do they become binding ? What action may the Senate take upon a treaty ? How large a vote is necessary for the adoption of amendments to a treaty ? If a treaty is altered in the Senate when does it become binding ? Why is the power of making treaties vested in the pres- ident? Why is the Senate associated with him ?
What power of appointment to office has the president ? Whit
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purposes. Consuls are commercial agents, appointed to watch over the commercial interests of the United States, or of its citizens, in foreign countries. The extension of the appointing power to the cases of all other officers not otherwise provided for, was designed to meet emergencies which were likely to arise, but could not be foreseen or provided for in detail. If the Senato rejects a nomin- ation made by the president, he may make another, or may re-nom- inate the same person. In no case has the Senate the power of nomination or appointment The power of appointing is construed to include the power of removing those already in office, and this power is exercised by the president alone, without any co-operation by the Senate. The reasons which led to this construction of the Constitution were that the president is bound to carry the laws into execution, which he can only do by means of officers responsible directly to him, and that removals might frequently be necessary when Congress was not in session, and the assent of the Senate could not be obtained. The power of removal extends not only to civil officers, but to officers in the army and navy.
Clause 3. The president shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
The vacancies to which reference is here made are such as hup- pen in offices that are ordinarily to be filled by the joint action of the president and Senate. The power of filling them temporarily is given to the president alone, because the assent of the Senate ean not be obtained during the recess, and the public business may anffer if the offices remain unoccupied.
are ambassadors ? What are publie ministers ? What are consuls ? Why was the appointing power extended to the cases of all officers not otherwise provided for ? What may the president do, when his nomination is rejected ? Has the Senate nny power of nomination ? What is included in the power of appointing? By whom is the power of removal exercised ? What reasons led to this construc- tion of the Constitution ? To what offices does the power of re- moval extend ?
What power has the president to fill vacancies that happen during the recess of the Senate? To what vacancies is reference here minde? Why is the power of temporary appointment given to the president alone ?
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SEC. S. He shall, from time to time, give to the Con- gress information of the state of the union, and recommend to their consideration such measures as he shall judge nec- essary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of ad- journment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully ex- ecuted, and shall commission all the officers of the United States.
In discharge of the duty required by the first part of this sec tion, the president sends a written message to Congress at the com- menecment of every session, and other messages whenever he sees fit. Congress is under no obligation to adopt the measures which are recommended by the president, but may exercise its own judg- ment in regard to them. The power of convening both houses, or either of them, in extra session, is given to the president, because circumsta nees may arise during the recess in which the public safety may require a session of Congress, and no one but the presi- dent can have that full knowledge of all the foreign and domestic relations of the United States which is necessary to a correct judg- ment of the necessities of the care. Extra sessions have several times been called. The president is authorized to receive ambassadors and other foreign ministers because he is the head of the govern- ment. The power of receiving includes the power of rejecting or dismissing them. No discretion is given to the president in regard to the execution of the laws. He is required to execute them all, whether he deems them expedient or inexpedient, constitutional or unconstitutional. He is properly charged with this duty, because he is the chief executive officer, and, as commander-in-chief of the
What communication to Congress is the president required to make? How is this done? Is Congress obliged to adopt his recommendations? Why is the power of calling extra sessions given to the president? Why is the president authorized to receive ambassadors ? What is included in the power of receiving ? What discretion has the president in regard to executing the laws? Why is he charged with the duty of exceuting the lawe ?
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army and navy, has ample power to enforce the observance of the la we.
SEC. 4. The president, vice president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
All persons who hold office under the government of the United States, whether the duties of their offices are executive or judicial, are civil officers within the meaning of this section. Such are heads of departments, judges of the United States courts, revenue officers, portmasters and others Officers in the army and navy are not civil officers and can be tried for misdemeanors in their offices only by court martial. Bribery is the giving of money to a person in office, or the reception of it by him, as an inducement to do something contrary to the duty of his office. The clause " or other high crimes or misdemeanors," was added to include the many crimes besides treason and bribery, that would render an officer worthy of impeachment.
ARTICLE III.
THE JUDICIAL POWER.
SEC. 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, order and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
Before the adoption of the Constitution, the administration of justice was confined to the state courts, and there was no method of correcting their erroneous decisions affecting the interests of the
Who may be removed from office by impeachment ? For what offenses ? Who are civil officers within the meaning of this sec- tion ? Mention some of them. How are officers in the army and navy to be tried ? What is bribery? Why is the clause " or other high crimes and misdemeanors " added ?
In what is the judicial power of the United States vested ? How was justice administered before the adoption of the Constitution ?
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nation or of the citizens of other states ; nor had the state courts any authority to enforce the laws of the United States. These evils made it necessary to establish a national judiciary. The prin- cipal functions of the supreme court are to protect the people from the effects of laws which conflict with the Constitution, and against any usurpations by the executive or legislative departments, and to secure uniformity in the interpretation of the Constitution, treaties, and laws of the United States. It consists of one chief justice and eight associate justices, any five of whom constitute & quorum, and it holds one session annually, at Washington, com- mencing on the first Monday of December.
Under the authority to establish inferior courts, Congress has established circuit courts, distriet courts, and the court of claims. The United States are divided into as mnuny circuits as there are judges of the supreme court, und each circuit is divided into several districts. A circuit court is composed of a judge of the supreme court and the district judge for the district in which the court is held. It is hell in each circuit twice a year. A district court consists of one judge appointed in each district. The court of claims consists of three judges and holds its sessions at Wash- ington.
All the provisions of the Constitution in regard to the judges of the United States courts are designed to seeure entire honesty and independence of action. If they were elected by the people they would be liable to be influenced in favor of the party which elected them, and against that which opposed them. They are therefore ap- pointed by the president, with the concurrence of the Senate. If their term of office extended only to a certain number of years, the fear of losing a re appointment might prevent them from doing their
What were the ovils of that state of things ? What are the prin- cipal functions of the supreme court ? Of what does it consist ? When and where does it hold it- sessions ?
What inferior courts have been established by Congress? For this purpose, how are the United States divided ? How is a circuit court composed ? How often is it held ? Of what does a district court consist ? Of what does the court of claims consist ?
What is the design of the provisions in regard to judges of the United States courts ? Why are they appointed by the president rather than elected by the people ? How might they he influenced
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duty with fearlessness and impartiality. If they were liable to be removed by the president, they might be unduly influenced by him. If their compensation could be diminished, Congress might bring unworthy motives to bear upon them. They are therefore ap- pointed during good behaviour ; and so long as they are competent to do their duties, and actually do them faithfully, they are subject to no authority, and are in no way liable to interference. .
SEC. 2. Clause 1. The judicial power shall extend to . all cases, in law and equity, arising under this Constitution, the laws of the United States and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction ; to controver- sies to which the United States shall be a party ; to con- troversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
The cases specified in this section are put under the jurisdiction of the United States courts, because they involve rights under the Constitution, laws, or treaties of the United States, or under the law of nations, and it is fit that the final decision of them should be made by the supreme court. Cases at law are thore in which rights are to be ascertained and established by a strict application of the law as it is. Cases in equity are those in which relief is sought from the strictness of the law by the application of equita- ble principles. Cases of admiralty and maritime jurisdiction are such as grow out of transactions on the high seas.
Under that portion of this clause which gives jurisdiction of cases " between a state and citizens of another state," it was held
if they held office only for a term of yenrs ? How, if liable to be removed by the president ? How, if their compensation were liable to be diminished ? How are all these evils guarded against ?
To what cases does the judicial power of the United States ex- tend? Why ? What are cases at law ? What are cases in equity ? What are cases of admiralty and maritime jurisdiction ? What was held in regard to enses between a state and citizens of another
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by the supreme court that a suit might be maintained by an indi- vidual against a state. But the states were dissatisfied with this decision, and claimed as an attribute of state sovereignty that they should not, without their consent, be sued by individuals. To meet this demand of the states the eleventh article of amendinents to the Constitution was adopted, as follows :-
" The judicial power of the United States shall not be construed to extend to any suit in law or equity, com- . menced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state."
This amendment does not apply to snita brought against a state by another state, or by a foreign nation. Such suits may still be maintained.
Clause 2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned the supreme court shall have appellate jurisdiction, both as to law and faet, with such exceptions and under such regula- tions as the Congress shall make.
Original jurisdiction is the right of having a case commenced and tried for the first time in a certain court. Original jurisdiction of cases affecting ambassadors, other public ministers, and consuls, is given to the supreme court, because of the character of the per- sons named, and their rights as representatives of foreign nations. Appellate jurisdiction is the right of reviewing and correcting the decisions in a case commenced in another court. The appellate jurisdiction of the supreme court extends to cases commenced in the circuit and district courts, where the matter in dispute ex- ceeds two thousand dollars. The final judgment in the highest
state? How was this received by the states, and why ? What amendment was made to meet this desire of the states ?
In what eases has the supreme court original jurisdiction ? What is original jurisdiction ?" Why does the supreme court have original jurisdiction of cases affecting ambassadors, other public ministers and consuls ? What is appellate jurisdiction ? To what
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court in any state may also be brought before the supreme court for reviewal and correction, in three eases : when the validity of a treaty or statute of the United States, or an authority exercised under the United States, is drawn in question, and the decision is against the validity ; when the validity of any state authority is drawn in question on the ground of its being contrary to the Con- stitution, treaties or laws of the United States, and the decision is in favor of the validity ; when the construction of any clause of the Constitution, or of a treaty or statute of the United States, or of a commission held under the United States, is drawn in ques- tion, and the decision is against the right or title claimed under the authority of the United States.
Clause 3. The trial of all crimes, except in cases of im- peachment, shall be by jury ; and such trial shall be held in the state where the said crime shall have been commit- ted ; but when not committed within any state, the trial shall be at such place or places as the Congress may, by law, have directed.
The term "all crimes " in this clause embraces such crimes ns, according to previous laws and usages, have been tried by a jury. Trial by jury is regarded as the main defense against en- croachment by the courts upon the rights of the people, and the violation of the right of trial by jury was among the gravest charges against the king of England which led to the Declaration of Independence. The provision that trials for crimes shall be held in the state where the crimes were committed, was designed to prevent needless expense, to facilitate the obtaining of evidence, and to secure for the accused the benefit of such sympathy as he deserves
In order still further to protect the rights of persons accused of
does the appellate jurisdiction of the supreme court extend ? In what three cases may the judgment of the highest court of a state be brought before the supreme court for reviewal and correction ?
llow are crimes to be tried and where ? What does the term " all crimes " embrace? flow is trial by jury regarded ? What is the design of the provision that trials for crimes shall be held in the state where the erimes were committed ? When crimes are not committed within any state, where are they to be tried ? How are
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crime, several amendments to the Constitution have been adopted. They are the fifth, sixth, seventh and eighth articles.
ARTICLE V. OF AMENDMENTS.
No person shall be held to answer for a capital or other- wise infamous crime, unless on a presentment or indictment by a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war, or public danger; nor shall any person be subject . for the same offense, to be twice put in jeopardy of life or limb ; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law ; nor shall private prop- erty be taken for public use without just compensation.
The provision in regard to presentment or indictment by a grand jury is designed to prevent unnecessary or vindictive prosecutions, and to secure reasonable certainty as to the time, place and nature of the offense, and the person by whom it is committed. A grand jury is a body of men, sitting in connection with a court, for the express purpose of inquiring into crimes committed within the jurisdiction of the court. Their sessions are private, and they hear no testimony but such as is ngainst the aceused. If they judge this to be sufficient to put him on trial they indiet or present him. An indictment is an accusation of crime founded upon tes- timony which is offered in support of a written bill of indictment. A presentment is a similar accusation made by the grand jury, from their own knowledge, or from evidence given in a case where no bill of indictment has been laid before them. The cases excepted from investigation by a grand jury are of a peculiar character, and have elsewhere been placed within the special jurisdiction of mili- tary and naval courte-martinl.
The provision that no person shall be subject for the same offense
the rights of persons accused of crime further protected ? What is provided in regard to presentment or indictment by a grand jury ? What is the design of this provision ? What is a grand jury ? How do they proceed in the investigation of erime ? What is an indictment ? What is a presentment ? What cases are excepted from investigation by a grand jury ? Why ?
What is the meaning of the provision that no person shall be
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to be twice put in jeopardy of life or limb, means that no man shall be tried the second time for an offense, after he has once been tried, and either acquitted or convicted by the verdict of a jury, and judgment has been rendered upon such verdict. But if the jury fail to agree and are discharged without a verdiet, or a verdict has been set aside, or judgment upon it has been arrested, he may be tried a second time. He has not been " put in jeopardy of life or limb," within the meaning of this article, unless a judgment has been rendered against him.
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