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state or more, the minds of the electors in

others might be biased.

Remark. It is said in the second paragraph section 1, article II., "Each state shall appoint in such manner as the legislature thereof may direct, a number of electors," &c. The purport of this language seems to be that the people of each state shall appoint the electors; but in New York and some other states, they have always been appointed by the legislatures themselves. The giving the state legislatures power to prescribe the mode of appointment is another instance of the recognition of the state sovereignties, as having a concern in the general government. [For further explanations on the subject of the election of president and vice-president, see the questions and explanations on the 12th amendment to the constitution.]

What qualifications for president are required by the constitution?

Remark. The high and important duties of the president are the reasons for requiring such qualifications. They are of the same nature as the qualifications required for senators and representatives, the reasons of which were ex

plained in detail, but higher in degree since the office is more important.

In case of the removal of the president from office, or of his death, resignation, or inability to discharge his duties, on whom do they devolve? If the like circumstances also happen in regard to the vice-president, how are the duties of president to be discharged?

What rule in the constitution in regard to the compensation of the president? Why is it not permitted to increase or diminish the salary of the president during the period for which he shall have been elected? Ans. It was to render him in this respect independent of the legislature. Says Chancellor Kent in speaking of this rule, "a control over a man's living is a control over his actions." Why is the president not permitted to receive any. other emolument during the period of his office, from the United States, or either of them? Ans. To prevent any undue influence being exerted upon him.

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What is the substance of the oath which the president is required to take before entering upon the duties of his office? Who are to determine in disputed cases, what is the constitution? Ans. It is provided in section 2, of

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article III., that "the judicial power tend to all cases in law and equity, arising under this constitution."

SEC. 2 & 3. What are the duties of the president as enumerated in these sections? Why was the command of the army and navy and of the militia of the several states when called into the service of the union,

given to the president? Ans. It being his duty to execute the law, it follows as a matter of course, that the means of executing it should be placed at his disposal. Whence is the necessity of a power to grant reprieves and pardons? Ans. It results from the imperfection necessarily incident to the adminis. tration of law. It may happen that after sentence has been pronounced upon the accused, new proof may be obtained establishing his innocence. There may also be very peculiar circumstances in some cases, requiring either the suspension or the removal of the punishSuch cases since the law cannot make exceptions, are very properly referred to a power to which application can at any moment be made, and which is always in action. Why is the president prohibited from granting pardons in cases of impeachment? Ans. To

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prevent his screening from punishment officers of the government with whom he may have combined, and to prevent favoritism.

Why was the power of making treaties with the concurrence of two thirds of the senate given to the president? Ans. The exercise of such a power requires secrecy and despatch, things which do not reside in any other department of the government. It is evident to common sense that the business of negotiation or bargaining cannot be well conducted by many persons. The legislative department would be very unfit for such a purpose. To the judiciary it is a business entirely foreign. After the treaty is made, the concurrence of two thirds of the senate, in order to give it effect, was required as a restriction upon a power too important to be trusted in the hands of a single individual. What was the propriety of vesting the power of appointing the officers of the government in the president? Ans. The president, being made responsible for the execution of the laws, should plainly have all powers necessary for discharging this responsibility. Such a power, is that of appointing those who are to aid him in his duties. Why was a restriction upon this

power given to the senate? Ans. It was a power too important to be entrusted to any single individual. The restriction was given to the senate, since from its smaller number, its greater independence, and its supposed wisdom, it is better suited to the exercise of such a power, than the house of representatives, or the two houses united.

The president has power to fill up all vacancies which may happen during the recess of the senate; is the expression "all vacancies," to be taken in an unqualified sense? Ans. No; it refers to those officers alone, whose appointment requires a concurrence of the senate. A vacancy in the offices of the government happening when the senate are not in session, might occasion serious injury to the public service, were there no provision made for its temporary supply.

SEC. 4. What officers of the United States are liable to impeachment? In what cases are they liable to impeachment?

ARTICLE III.

SEC. 1. What is meant by the judicial power? Ans. The power which interprets the law, and applies it in disputed cases.

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