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general commercial privileges, and that the latter clause, "compacts and agreements” might then very properly apply to such as might be deemed mere private rights of sovereignty; such as questions of boundary; interests in land situate in the territory of each other, and other internal regulations for the mutual comfort and convenience of States bordering on each other.' And he adds: 'In such cases the consent of Congress may be properly required, in order to check any infringement of the rights of the National government; and, at the same time, a total prohibition to enter into any compact and agreement might be attended with permanent inconvenience or public mischief.'" Louisiana v. Texas, 176 U. S., 1, 17.
An agreement made between two States, made without consent of Congress, to appoint commissioners to run and mark the boundaries, is not within the inhibition of the above section. Virginia v. Tennessee, 148 U. S., 503. The consent of Congress may be implied from its subsequent action in assigning districts for judicial, election and revenue appointments on the basis of the boundaries agreed upon by the States. Id.
The compact of 1785 between Virginia and Maryland, settling the jurisdiction of each over Chesapeake bay and the Potomac and Pocomoke rivers, was not affected by the constitutional provision against compacts between States. That operates only on compacts made after, not before, the adoption of the Constitution. Wharton v. Wise, 153 U. S., 155.
THE EXECUTIVE POWER.
SECTION 1. “The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows:—"
“Each State shall appoint, in such manner as the legis. lature thereof may direct, a number of Electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an Elector."
Power of State legislature to provide for manner of choosing presidential electors.—The several State legislatures have exclusive power to direct the manner in which the electors of President and Vice-President shall be appointed. The appointment may be by the legislatures directly, or by popular vote in districts, or by general ticket, as the legislature may provide. McPherson v. Blacker, 146 U. S., 1.
The appointment of electors, and the mode thereof, belong exclusively to the States, under the Constitution. In re Green, 134 U. S., 377, 379.
A State law fixing a different time for the meeting of electors is to that extent invalid, but not necessarily as to other provisions of the act. The date may be rejected and the other parts of the law stand. McPherson v. Blacker, 146 U. S., 1.
The 14th and 15th Amendments do not amend Article II of the Constitution, and do not limit the power of appointment to the particular manner of appointment of presidential electors pursued at the time of the adoption of the amendments. Id.
(Here is omitted that part of Section 1, Article II, which was amended by Article XII of the Amendments, which is as follows :)
"The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted;—The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest number not exceeding three on the list of those voted for as President, the House of Representatives, shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as VicePresident shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the VicePresident; a quorum for the purpose shall consist of twothirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But
no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
"The Congress may determine the time of choosing the Electors, and the day on which they shall give their votes; which day shall be the same throughout the United States."
The Executive Power is vested in the President, and as far as his powers are derived from the Constitution, he is beyond the reach of any other department, except through the impeaching power. But this is not true of other executive officers. Kendall v. United States, 12 Peters, 524. The obligation imposed on him to see the laws executed does not imply a power to forbid their execution. Id.
The President can not authorize a Secretary of State to omit the performance of duties which are enjoined by law. Marbury v. Madison, 1 Cranch, 137. It was held in this case that the Supreme Court could not, in the exercise of original jurisdiction, compel by mandamus the Secretary of State to issue a commission to an appointee.
Where rival State governments in a State each claim to be lawful, the President must determine as between them which is the legislature and Governor lawfully entitled to recognition and which is in insurrection. Luther v. Borden, 7 How., 1. When he has decided