s election, in the term for
which it is chosen, and in the nature of its functions. The House of
Representatives is named by the people, the Senate by the legislators of
each State; the former is directly elected, the latter is elected by an
elected body; the term for which the representatives are chosen is only
two years, that of the senators is six. The functions of the House of
Representatives are purely legislative, and the only share it takes in
the judicial power is in the impeachment of public officers. The Senate
co-operates in the work of legislation, and tries those political
offences which the House of Representatives submits to its decision.
It also acts as the great executive council of the nation; the treaties
which are concluded by the President must be ratified by the Senate,
and the appointments he may make must be definitely approved by the same
body. *o
[Footnote o: See "The Federalist," Nos. 52-56, inclusive; Story,
pp. 199-314; Constitution of the United States, sects. 2 and 3.] The
Executive Power *p
[Footnote p: See "The Federalist," Nos. 67-77; Constitution of
the United States, art. 2; Story, p. 315, pp. 615-780; Kent's
"Commentaries," p. 255.]
Dependence of the President--He is elective and responsible--He is
free to act in his own sphere under the inspection, but not under
the direction, of the Senate--His salary fixed at his entry into
office--Suspensive veto.
The American legislators undertook a difficult task in attempting to
create an executive power dependent on the majority of the people, and
nevertheless sufficiently strong to act without restraint in its own
sphere. It was indispensable to the maintenance of the republican form
of government that the representative of the executive power should be
subject to the will of the nation.
The President is an elective magistrate. His honor, his property, his
liberty, and his life are the securities which the people has for the
temperate use of his power. But in the exercise of his authority he
cannot be said to be perfectly independent; the Senate takes cognizance
of his relations with foreign powers, and of the distribution of public
appointments, so that he can neither be bribed nor can he employ the
means of corruption. The legislators of the Union acknowledged that the
executive power would be incompetent to fulfil its task with dignity and
utility, unless it enjoyed a greater degree of stability and of strength
than had been g
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