The Executive Power in the United States: A Study of Constitutional LawThe Lawbook Exchange, Ltd., 2004 - 303 páginas Chambrun, Adolphe de. The Executive Power in the United States: A Study of Constitutional Law. Translated From the Original French by Mrs. Madeleine Vinton Dahlgren. Lancaster: Inquirer Printing and Publishing Company, 1874. xvii, 19-288, 15 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-402-9. Cloth. $95. * With a preface by James A. Garfield. Like Tocqueville, the Marquis de Chambrun [1831-1891] was fascinated by the United States and its government. He also shared Tocqueville's belief that the United States is a testing ground for the forces shaping the modern world. Chambrun's study of the federal government's executive branch offers a number of interesting observations. He doubts the value of the vice-presidency and argues that quadrennial elections promote liberty by creating momentary periods of political instability. He offers equally interesting observations on such topics as the Civil War, the impeachment of President Johnson and the relationship between the Executive, Legislative and Judicial branches. |
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39th Congress action administration adopted affairs American Andrew Johnson appointed army assemblies authority body branches Cabinet Caleb Cushing candidate Chambrun Charles Francis Adams Charles Sumner Chief Justice chief magistrate citizens civil committee Congress considered Constitution convention decide decision declare delegates democratic dent discussion doctrine doubtless duty election electoral colleges ernment established Executive Power exercise existence expressed favor federal government Federalist force foreign policy form of government framers functionaries gress Hamilton House of Representatives impeachment independent institutions Jackson Jefferson John Quincy Adams Johnson judges judgment lative legislative Legislature liberty Lincoln Madison maintain majority manner matters ment nation navy neutrality nomination opinion organization Philadelphia Convention popular prerogatives present President presidential principles proclamation provision question relations republic Republican party require resolution Senate session sions sovereignty spirit stitution Supreme Court Thaddeus Stevens thirteen colonies tion tive treaty Union United Vice-president Washington
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Página 140 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Página 105 - It is as much the duty of the house of representatives, of the senate, and of the President, to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval, as it is of the supreme judges, when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both.
Página 129 - The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.
Página 130 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Página 130 - ... States, the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties, he is authorized to appoint certain officers, who act by his authority, and in conformity with his orders. " In such cases their acts .are his acts ; and whatever opinion may be entertained of the manner in which Executive...
Página 146 - At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Página 140 - The exercise of this original right is a very great exertion, nor can it, nor ought it to be frequently repeated. The principles, therefore, so established are deemed fundamental. And as the authority from which they proceed is supreme and can seldom act, they are designed to be permanent.
Página 243 - That, on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever, free...
Página 237 - I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States.