Studies in Civics Part 31

_He shall from time to time give to congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient;[1] he may on extraordinary occasions, convene both houses or either of them,[2] and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper;[3] he shall receive amba.s.sadors and other public ministers;[4] he shall take care that the laws be faithfully executed,[5] and shall commission all officers of the United States.[6]

[1] The president complies with this provision by sending to congress at the beginning of each regular session his annual message. And at other times, as occasion demands, he sends special messages.

[2] Congress has been convened in extra session by presidential proclamation only twelve times in all. The senate is frequently convened in extra session at the close of the regular session to consider appointments. This usually happens on the accession of a new president.

[3] No occasion has ever arisen for the exercise of this power.

[4] In all governments, diplomatic intercourse with other governments is carried on through the executive department. (See pages 347 and 349.)

By "receiving" an amba.s.sador, the country from which he comes is "recognized" as an independent sovereignty, a nation. Amba.s.sadors may be rejected or dismissed, if personally objectionable to this country, if the countries from which they come are not recognized as belonging to the sisterhood of nations, or if the relations between their country and this become unfriendly. Nations at war with each other do not exchange amba.s.sadors; each recalls its representative at the time of declaring war.

Our amba.s.sadors or other public ministers may be rejected by other nations for the reasons given above.

It will readily be seen that this power or duty may impose upon the president at times, grave responsibility. The nature of this responsibility may be understood when we remember the efforts made by the confederate states to secure recognition of their agents at the courts of London and Paris, during the civil war. For either country to have recognized them would have been to interrupt our friendly relations with that country, and might have led to war between it and us. (See page 347.)

[5] This is the president's most important duty; and it is his duty to enforce the law whether he believes in its wisdom or not. He acts through the executive officers previously referred to.

[6] The commission bears the signature of the president and the great seal of the United States, the latter affixed by the secretary of state.

SECTION IV.--RESPONSIBILITY OF OFFICERS.

_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._

The word "civil" in the provision is used here in distinction from _military_ and _naval_. It is generally understood that members of congress are not "civil officers" within the meaning of this provision.

Military and naval officers are tried by courts-martial, and members of congress are subject to trial by the house to which they belong.

The definition of "high crimes and misdemeanors" rests with the senate.

Treason is defined in the const.i.tution, and bribery has a meaning understood by all.

There have been seven cases of impeachment before the United States Senate. (See pages 131, 138 and 333.)

_Pertinent Questions._

When, near the close of the late war, General Grant commanded all the armies of the Union, had he any superior officer? (That is, was there any officer higher in rank than he?) Who is commander-in-chief of the United States army today? Who is the highest purely military officer, and what is his rank?

Name the members of the present cabinet. If you wanted to trade with the Indians, to whom would you make application for permission?

Can the president pardon before trial? What cases can he not pardon? Name some one pardoned by the president. Could he pardon prisoners confined for breach of state law? Where does the general government confine its prisoners?

What is the smallest number of senators that could confirm or reject a treaty? What is meant by the executive session of the senate? How could you witness the proceedings at such a session? How large a vote is necessary to confirm a nomination of the president?

What is an amba.s.sador? A minister? A consul? What is meant by "inferior"

officers? By "civil service reform?"

State the principle which seems to cover the matter of removals.

Have you read the president's last annual message? What "information" did he give to congress? What "recommendations" did he make? How was the message delivered to congress? What "extra sessions" of congress do you remember? What ones have you read about in books? When were the different extra sessions called?

Give the number of bills vetoed by each president.

Has the president ever had to adjourn congress? For how long could he do it? How is the British parliament prorogued?

Where do impeachments originate? By whom are they tried? Who may be impeached? What for? Can persons who have ceased to be officers be impeached? What is the extent of sentence? Was President Johnson impeached? How is an impeachment trial conducted? What persons have been impeached?

Prepare a tabulation telling:

1. Mode of election of president (general statement only) 2. Qualifications.

3. Term.

4. Vacancy.

5. Salary--const.i.tutional provision; law.

6. Powers.

7. Duties.

CHAPTER XXIV.

ARTICLE III.--THE JUDICIAL BRANCH.

In the two articles so far considered, we have studied about the law-_making_ and the law-_enforcing_ branches of the government. We shall next examine the third great branch, the one which _interprets_ and _applies_ the laws.

SECTION I.--ORGANIZATION.

_The judicial power of the United States shall be vested in one Supreme Court,[1] and in such inferior courts as the congress may from time to time ordain and establish.[2] The judges both of the Supreme and inferior courts, shall hold their offices during good behavior,[3] and shall at stated times receive for their services a compensation[4] which shall not be diminished during their continuance in office.[5]_

[1] The creation of the Supreme Court, a distinct coordinate branch for the final interpretation of law, was the master-stroke of the const.i.tution. "The Supreme Court has no prototype in history."

While the _existence_ of the Supreme Court is thus provided for in the const.i.tution, the _number of judges_ to const.i.tute it was wisely left with congress. Thus the organization may be changed as circ.u.mstances change.

The Supreme Court at first consisted of six justices, as they are called; but owing to the growth of the country and the consequent increase of labor to be performed, the number of justices has been increased to nine.

[2] Under this provision congress has established three grades of "inferior" United States courts, the Circuit Courts of Appeal, Circuit Courts, and the District Courts. The United States is divided into nine judicial _circuits_, to each of which are a.s.signed one justice of the Supreme Court and two circuit judges. (See page 307.) These const.i.tute what is called the Circuit Court of Appeals, having appellate jurisdiction in their respective circuits and holding annual sessions for that purpose.

(See page 210.)

The United States is further subdivided into more than sixty judicial _districts_. In each of these districts, at least one session of the circuit court and one of the district court is held each year. (See pages 210 and 307-9.) A full circuit court bench consists of a supreme court justice, a circuit judge, and a district judge; but court may be held by any one or two of them. The district court consists of the district judge.

[3] This virtually means during life. The purpose of this provision is to raise the judges above temptation, to put them in a position where they may feel safe in doing their exact duty, unawed by any outside power. If with this opportunity they prove unjust, they may be impeached. But so far, almost without exception, those who have been honored with a place on a United States court have proved worthy of their high calling.

[4] The purpose of this also is to remove temptation from the judges. The salary of the chief justice is $10,500 a year, and that of each a.s.sociate justice, $10,000. This seems like a generous amount. But several times a place on the supreme bench has been declined, on the plea that the nominee could not afford to serve for the salary attached.

[5] This is to prevent the other two branches from occupying a threatening att.i.tude toward the judiciary. But the salary may be increased. And the salary may be reduced, to take effect with appointments made after the pa.s.sage of the law.

SECTION II.--JURISDICTION OF THE COURTS.