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Democracy in America — Volume 2

Alexis de Tocqueville · 1840 (2nd part; published in 1840)

passage 264 of 272 · Book Two: Influence Of Democracy On Progress Of Opinion In the United States.

in brief
It describes presidential powers—seeking written opinions from executive department heads, granting reprieves and pardons (except impeachment), making treaties with Senate consent, appointing officials, handling recess vacancies, receiving ambassadors, and executing laws.

Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; 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, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all vacancies that may happen during the recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other Public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

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topics: counsel and advisers to rulers · diplomacy and embassies · equity, mercy, and pardon

Democracy in America — Volume 2 · Alexis de Tocqueville · 1840