ARTICLE II.

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:-"

PRESIDENTIAL ELECTORS.

"Each State shall appoint, in such manner as the legislature 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 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

the Courts of the United States are bound to follow his decision. Id.

The act of a head of a department in calling the attention of any person having business with such department, to a statute relating in any way to such business, can not be made the foundation of a cause of action against such officer. Spalding v. Vilas, 161 U. S.,

483.

The President has the power to protect a judge of a court of the United States, who, while in the discharge of the duties of his office, is threatened with personal violence or death. In re Nagle, 135 U. S., 1.

When New Mexico was gained to the United States by conquest and treaty, the executive authority of the United States properly established a provisional government, which ordained laws and instituted judicial systems; all of which continued in force after the close of the war, and until modified by the direct legislation of Congress, or by the territorial government established by its authority. Leitensdorfer v. Webb, 20

How., 176.

When during the late civil war portions of the insurgent territory were occupied by the National forces, it was within the constitutional authority of the President to establish provisional courts, defining their powers, etc., by proclamation. The Grapeshot, 9 Wall., 129; see Cross v. Harrison, 16 How., 193; Mechanics'