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CHAPTER 1

THE PRESIDENT

1. Vested with Executive Power

The Constitution of the United States, disposing of the executive and judicial powers of the perfected union by articles I and III, vests "the executive power” in “a President of the United States of America.” 1

2. Commander in Chief

He is made "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 exercises such military command of the Army and Navy through the Secretaries of War and of the Navy, and through the Gov'ernors of the several states in calling the militia into federal service. 3. To Suppress Rebellion

On the application of the Legislature of any state, or of the executive when the Legislature cannot be convened, in case of insurrection therein against the government thereof, the President may call forth such of the militia of any other state as he may deem sufficient to suppress such insurrection, or he may employ such portion of the land and naval force as he may think necessary for the purpose. So, also, he may call out the militia of any state, or employ the land and naval forces to suppress rebellion against the United States, when the ordinary course of judicial proceedings is in his judgment impracticable. He may originate and take rigorous measures, as specified, to this end.3

4. To Suppress Piracy and Protect the Merchant Marine

He may employ the armed naval forces to suppress piracy and to protect the merchant marine of the United States from piratical aggressions. He may prescribe regulations to this end.4

5. To Use Force in Compelling Departure of Foreign Vessels

He may employ the land and naval forces, or the militia, to compel the departure of any foreign vessel when by the laws of nations or treaties with the United States such vessel should not remain.5

6. Control over Alien Enemies

He may, in case of war between the United States and any foreign power, after making proclamation, apprehend, restrain, secure, and remove alien enemies, and regulate the conduct to be observed by the United States towards such persons.

1 U. S. Const. art. 2, § 1. 2 U. S. Const. art. 2, § 2. 3 R. S. $$ 5298, 5299 (Comp. St. $8 10140, 10141). 4 R. S. 8 4293 (Comp. St. $ 8039). GR. S. & 5288 (Comp. St. § 10179).

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7. Power to Grant Reprieves and Pardons

He may grant reprieves and pardons for offenses against the United States except in cases of impeachment. Executive clemency should be sought through

? the Department of Justice, by filing a petition, on a blank form obtainable from that department, executed in accordance with printed instructions therewith. The petition ordinarily will pass through the office of the pardon attorney in the Department of Justice for a report. The Department of Justice will call for the recommendations of the United States district attorney and the judge who tried the case upon which the petitioner seeks clemency. 8. Treaty-Making Power

The President has power, by and with the advice and consent of the Senate, two-thirds of the Senators concurring, to make treaties.* 9. Appointive Powers

The Constitution requires him to nominate and appoint, by and with the advice and consent of the Senate, "ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States," established by law, when appointments are not otherwise provided for in the Constitution. Congress may invest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the departmental heads. And the President may fill vacancies that may happen during the recess of the Senate by granting commissions that shall expire at the end of the session."

In case of the death, resignation, absence or sickness of a head of department or bureau or of any officer whose appointment is not vested in a department head, except in the death, resignation, absence or sickness of the Attorney General, the President may authorize and direct the head of any other department, or any officer in either department whose appointment is vested in the President by and with the advice and consent of the Senate, to perform the duties of the vacant office. A vacancy occurring through death or resignation may not be so filled for a longer period than ten days. No temporary appointment, designation or assignment may be made, otherwise than so provided, except during a recess of the Senate.? 10. To Suspend Civil Officers and Fill Vacancies

The President is authorized, during a recess of the Senate, to suspend any of the civil officers appointed by and with the advice and consent of the Senate, except judges of United States courts, until the end of the next session of the Senate, and to designate some suitable person, subject to be removed by the designation of another, to perform the duties of the suspended officer. Within thirty days after the commencement of each session of the Senate, except for any office

6 R. S. & 4067 (Comp. St. $ 7615). 2 U. S. Const. art. 2, $ 2. 7 R. S. 88 177, 178, 179, 181 (Comp. St. 88 259–261, 263).

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