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which he deems should not be filled, the President is required to nominate persons to fill all vacancies existing at the meeting of the Senate, whether temporarily filled or not, and also in the place of officers suspended; and if the Senate refuse to advise and consent to an appointment in the place of any suspended officer, then the President is required to nominate another person as soon as practicable to the same session for the office. 8

11. To Commission All Officers

He “shall commission all the officers of the United States." 9

12. To Receive Ambassadors and Minister's

The President “shall receive ambassadors and other public ministers." 9 13. Responsibility for Execution of Laws

He "shall take care that the laws be faithfully executed." 9 14. Require Opinion of Departmental Chiefs

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.” 2 15. Messages to Congress

“He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient." 9 16. To Convene Congress in Extraordinary Session

He may, on extraordinary occasions, convene both houses, or either of them. Under exceptional circumstances, when, in the opinion of the President, it would be hazardous to the lives and health of the members of Congress to meet at the seat of government, he may convene Congress elsewhere. 10 17. Power to Adjourn Congress

In case of disagreement between the houses of Congress, with respect to the time of adjournment, he may adjourn them to such time as he thinks proper.' 18. Removal from Office

The President "shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.” 11

19. Veto Power

Every bill which passes both houses of Congress, as well as every order, resolution or vote to which the concurrence of both houses is necessary (except upon a question of adjournment), must be presented to the President. If he approves of such measure, he signs it and it becomes a law, effective on the date of such

2 U. S. Const. art. 2, & 2.
8 R. S. & 1768.
9 U. S. Const, art. 2, § 3.
10 R. S. $ 34 (Comp. St. $ 33).
11 U. S. Const. art. 2, 8 4.

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and regulate the conduct to be observed by the United States towards such persons.

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).

23. Compensation

The salary of the President was fixed at $75,000 per annum, with the use of the Executive Mansion and its furnishings, 17 which must be, if purchased, of domestic manufacture so far as possible.18 He is also allowed not to exceed $25,000 annually for traveling expenses.19 24. Officers of the President's Household

The President is authorized to appoint or employ the following officers in his official household :20

Secretary;
Executive clerk;
Chief clerk;
Appointment clerk;
Record clerk;
Two expert stenographers;
Accountant;
Two correspondents;
Disbursing clerk;
Nineteen clerks;
Four messengers;
Three laborers ;
Steward, housekeeper, or such other employee of the Executive Mansion as

the President may designate, to have charge and custody of, and be re

sponsible for, the plate, furniture, and public property therein, etc.? 25. Participation in International Congresses

The Executive may not extend or accept any invitation to participate in any international congress, conference, or like event, without first having specific authority of law to do so.22 26. Threatening the President

Imprisonment and fine are provided for the offense of sending by post any missive or writing, etc., threatening the life of the President.23

21

17 Act Sept. 24, 1789, c. 19 (1 Stat. 72 [Comp. St: § 223]); Act Feb. 18, 1793, c. 9 (1 Stat. 318 [Comp. St. $ 223]); Act March 3, 1873, c. 226 (17 Stat. 486 [Comp. St. $ 223]): Act March 4, 1909, c. 297 (35 Stat. 859 [Comp. St. 8 221])..

18 R. S. § 1829 (Comp. St. $ 3341).
19 Act June 23, 1906, c. 3523 (34 Stat. 454 [Comp. St. § 225]).

20 Act March 4, 1915, c. 141 (38 Stat. 1007), superseding Act March 3, 1857, c. 108 (11 Stat. 228); Act July 23, 1866, c. 208 (14 Stat. 206); Act July 29, 1868, c. 176 (15 Stat. 96).

21 Act June 25, 1910, c. 384, 8 9 (36 St. 773 [Comp. St. & 231]). 22 Act March 4, 1913 (37 Stat. 913 [Comp. St. § 7686]).

23 See 32 Op. Atty. Gen. 309; Act Feb. 14, 1917, c. 64 (39 Stat. 919 [Comp. St. § 10200a]); U. S. v. Stickrath (D. C.) 242 F. 151; U. S. v. French (D. C.) 243 F. 785; Clark v. U. S., 250 F. 419, 162 C. C. A. 519; U. S. v. Stobo (I). C.) 251 F. 689; U. S. v. Jasick (D. C.) 252 F. 931; U. S. v. Metzdorf (D. C.) 252 F. 933; Ragansky v. U. S., 253 F. 643, 165 C. C. A. 269; Pierre v. U. S. (C. C. A.) 275 F. 352.

27. Official Papers of the Presidents

All presidential papers prior to and through Cleveland's second administration, ending March 4, 1897, may be found in Richardson's Compilation.24 For later administrations, these papers generally are accessible in separate form. 28. Annual Messages

The Annual Messages were known as “speeches,” until the seat of government was removed to Washington, because they were delivered orally by Presidents Washington and Adams before the legislative branches in general assembly. President Jefferson inaugurated the custom of sending a "message.” Such speeches and messages of the first five presidents are found in American State Papers, Foreign Relations.25 29. Executive Orders

Prior to October, 1905, executive orders were printed as presidential papers, but more frequently issued only by those departments most immediately concerned in their promulgation. Later the President customarily sent all executive orders to the Bureau of Rolls and Library, State Department, for limited distribution.

30. Inaugural Addresses

Inaugural addresses are found in the Senate Journals and Congressional Record.

31. Miscellaneous Addresses and Papers

Washington's Farewell Address to the people of the United States was delivered September 17, 1796.24 26 The Monroe Doctrine was part of the seventh annual message, December 2, 1823.27 Lincoln's proclamation of January 1, 1863, and Gettysburg Address are found in the annual volume of Foreign Relations, State Department.?

28

24 Compilation of Messages and Papers of Presidents, 1789-1897 (Richardson) 10 vols., Congressional Document, Serial No. 3265. A supplement was issued containing McKinley and Roosevelt papers up to 1902.

25 Vol. I, Serial No. 01, pp. 11-32, 44–54, 57-73; Vol. IV, Serial No. 04, pp. 1, 96, 213, 626, 644, 736; Vol. V, Serial No. 5, pp. 141, 245, 253. See “Messages and Documents” of the different sessions of Congress, 1818–1892; Abridgment of Messages and Documents; Annals of Congress, 1790–1823; Register of Debates in Congress, 1824-1836; Congressional Globe, 1833-1872; Congressional Record, 1873 to date. In each case of Congressional Record and its predecessors, see part which contains the proceedings at the opening of each regular session of Congress.

26 American State Papers. supra, vol. I, pp. 34-38.
27 American State Papers, vol. IV.
28 See Annual Report of Secretary of War, 1865.

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CHAPTER 2

THE EXECUTIVE DEPARTMENTS IN GENERAL

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1. Grouping of Departmental Functions

There are at present ten executive departments of the federal government. They have been created by statutory authority, as will appear infra. The functions of the several departments are grouped generally, so that each has a certain class of duties; but some of the departments include important additional activities that bear little resemblance to the general nature of the department to which assigned, as, for example, prohibition enforcement in the Treasury Department, the enforcement of the Food and Drugs Act under the Department of Agriculture, the Bureau of Insular Affairs under the War Department, etc. 2. Meaning of “Executive Department"

The term "executive departments," when used in the federal statutes, "invariably applies to one or more of the several executive departments mentioned” in section 158 of the Revised Statutes:1

Department of State;
Department of War;
Department of the Treasury;
Department of Justice;
Post Office Department;
Department of the Navy;

Department of the Interior;
to which have been added by subsequent acts of Congress:

Department of Agriculture;
Department of Commerce;

Department of Labor. The term "department,” as used in laws relating to civil service, is distinguished from "office," "bureau," and "branch." 1 2 3. At Seat of Government

The several executive departments are by law established at the seat of government and have no existence elsewhere.? 4. Bureau

Only those bureaus or offices can be deemed bureaus or offices in any of these departments except those which are constituted such by the law of its organization. 5. Constitutional Recognition

The Constitution recognizes the existence of subordinate, ministerial, administrative functionaries, by whose agency or counsels the details of public business

1 26 Op. Attys. Gen. 209. % 15 Op. Attys. Gen. 262.

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