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of conjecture; for there has never been any occasion to test the question. The exception made in favor of foreign-born citizens at the time of the adoption of the Constitution was a mark of respect to such men as Alexander Hamilton, Robert Morris, James Wilson, and others who were delegates to the Constitutional Convention.
89. Presidential Succession. In the case of the removal, death, resignation, or disability of both the President and Vice-President, the following line of succession has been provided for by Congress: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, and Secretary of the Interior. Any of these officers, however, would only be acting-President, and should any of them not have the constitutional qualifications he could not act. Prior to 1886 the line of succession was President pro tempore of the Senate and Speaker of the House, in the order named. The two offices of President and Vice-President have never both become vacant in a presidential term.
90. Compensation. The respective salaries of the President and Vice-President are $75,000 and $12,000 a year. Prior to 1873 the President received $25,000 a year, and from 1873 to 1909, $50,000. He has also the use of the White House, with fuel, light, furniture, care, and allowances for entertainment.
91. The Inauguration. At the inauguration, besides taking the oath, the President makes an address, setting forth his views and policies as to the affairs of the Government. By custom, the Chief Justice administers the oath.
Questions on the Section.—President's term of office? May he be reëlected? Are Presidental electors appointed by the States or the United States? What is the present marner of appointing them? What used to be the manner? How many electors from each State? From all the States? What persons cannot serve as electors? What is the difference between the 12th Amendment and Clause 3? Do the States determine the time as well as the manner of electing electors? What are the qualifications of a President? Why shall not both the President and the Vice-President be of the same State with the electors? Why should the votes in the House of Representatives be taken by States? What is a quorum when the House elects? How many votes are required to elect? Has the VicePresident ever succeeded the President? If so, how often and for what reasons? What condition is laid down for a change in the President's salary? What limitation is put upon his emolument? What oath does he take? When does he take it?
SECTION 2.—THE PRESIDENT'S POWERS
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 executive 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.
Cl. 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 nominate, and by and with the advice and consent of the Senate shall appoint ambassadors, other public ministers and consuls, 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.
Cl. 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.
92. The President's Military Powers. In time of peace the President, as chief executive, carries out the laws without any other force than the occasional arrest of individuals. But as he is also Commander-in-Chief of the army and navy, he may use the military in case of a riot or widespread resistance to the laws of the United States. Washington, Hayes, and Cleveland had occasion to use the army in this way. However, the real exercise of his military powers can take place only in time of war; and then he may actually take command in person, though he has never done so. Though Congress has the power to declare war, the President may, as Commander-in-Chief, have to begin war before Congress can act. So great are the President's military powers that he may put large sections of the country under martial law (see p. 71).
93. The President's Cabinet.—The Cabinet of the President, consisting of the heads of the ten great executive departments, is not directly authorized by the Constitution. It was taken for granted that executive departments would be created, for Clause 1 says that the President “may require the opinion in writing, of the principal officer of each of the executive departments upon any subject relating to the duties of their respective offices.” But an organization of the heads of the departments into an association, namely, the Cabinet, has no legal standing. Its resolutions cannot bind the Fresident, and he may dispense with it at any time.
The Cabinet has stated meetings at the White House twice a week, when affairs of state are discussed orally, but seldom in writing. The opinions so expressed are invaluable to the President in determining his policies
and actions, and equally so to the heads of the departments.
94. The Executive Departments.—The executive departments have been established as follows: State, Treasury, and War Departments, September, 1789; PostOffice Department, 1794; Navy Department, 1789; Interior Department, 1849; Department of Justice, 1870, although Congress had created the office of AttorneyGeneral in 1789; Department of Agriculture, 1889; Department of Commerce, 1903; Department of Labor, 1913. The salary of a Cabinet officer is $12,000 a year.
95. The Secretary of State. He has charge of all the affairs between our Government and others. He conducts the correspondence with our ministers and other agents in foreign countries and with the representatives of other countries here. All communications respecting the making of treaties are under the direction of this department. It also files all acts and proceedings of Congress and attends to the publication of the same and their distribution.
96. The Secretary of the Treasury.—He has charge of all moneys paid into the Treasury, of all disbursements, the auditing of accounts, and the collection of the revenue. The department supervises the coinage of money, the national banks, and the Bureau of Engraving and Printing. The marine hospitals are under its direction, and it controls the regulation and appointments of all custom houses. It also supervises the life-saving service, and has control of the National Board of Health.
97. The Secretary of War.-He has control of the army. Aided by the General Staff, he organizes and equips the army and directs its movements. He attends to the
paying of the troops and the furnishing of supplies, and supervises the erection of forts and the work of military engineering. He has in charge the publication of official military records. The Military Academy at West Point, the War College at Washington, and the national cemeteries are under the control of the War Department, and so is the government of the Philippines.
98. The Attorney-General.—The Attorney-General is required to act as attorney for the United States in all suits in the Supreme Court. He is the legal adviser of the President and the heads of departments, and of the Solicitor of the Treasury. He is further charged with the superintendence of all United States district attorneys and marshals, with the examination of all applications to the President for pardons, and with the transfer of all land purchased by the United States for government buildings, etc. The name “Department of Justice," by which this division of executive power is now largely known, was given to it in 1870.
99. The Postmaster-General.—He has the supervision of all the post offices of the country, their names, establishment and discontinuance, the modes of carrying the mail, the issue of stamps, the receipt of the revenue of the office, and all other matters connected with the management and transportation of the mails. The United States is a member of the International Postal Union, organized for the purpose of uniform rates from one country to another.
100. The Secretary of the Navy.—The Navy Department was at first included in the War Department, but in 1798 the two branches of the military service were separated. The Secretary of the Navy supervises the