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Richardson, James D. (James Daniel), 1843-1914

"Volume 3, part 1: Andrew Jackson (Second Term)"

"
But as no other specification has been substituted, and as these were
the "Executive proceedings in relation to the public revenue"
principally referred to in the course of the discussion, they will
doubtless be generally regarded as the acts intended to be denounced as
"an assumption of authority and power not conferred by the Constitution
or laws, but in derogation of both." It is therefore due to the occasion
that a condensed summary of the views of the Executive in respect to
them should be here exhibited.
By the Constitution "the executive power is vested in a President
of the United States." Among the duties imposed upon him, and which he
is sworn to perform, is that of "taking care that the laws be faithfully
executed." Being thus made responsible for the entire action of the
executive department, it was but reasonable that the power of
appointing, overseeing, and controlling those who execute the laws--a
power in its nature executive--should remain in his hands. It is
therefore not only his right, but the Constitution makes it his duty,
to "nominate and, by and with the advice and consent of the Senate,
appoint" all "officers of the United States whose appointments are not
in the Constitution otherwise provided for," with a proviso that the
appointment of inferior officers may be vested in the President alone,
in the courts of justice, or in the heads of Departments.


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