CHAPTER XXIII.

ARTICLE II.—­THE EXECUTIVE BRANCH.

It seems to us a matter of course that after the laws are made there should be some person or persons whose duty it should be to carry them into execution.  But it will be remembered that under the confederation there was no executive department.  The colonists had suffered from kingly rule, and in forming their first government after independence, they naturally avoided anything having the appearance of kingliness.  After trying their experiment for some years, however, their “sober second sense” told them that the executive branch is a necessity, and when the convention assembled to “revise the articles of confederation” (as they at first intended to do) one of the things upon which there was practical unanimity of opinion was the necessity of having the government organized into three branches, or, as they are sometimes called, departments.

The question in regard to the executive branch was how to organize it, so as to secure two chief qualities; namely, energy of execution and safety to the people.  The former was fully appreciated, for the weakness of execution during the confederation period, or the lack of execution, had impressed upon all thinking persons the necessity of more vigor in carrying out the laws.  The experience during colonial days emphasized the necessity of surrounding the office with proper safeguards.  And among those intrusted with the organization of a scheme of government, were many who were well versed in history—­men who knew that the executive branch is the one in which lies the menace to human liberty.  Under these two main divisions of the problem, arose such questions as:  How many persons shall constitute the executive?  What shall the term be?  How shall the executive be chosen?  What powers, other than those which are purely executive, shall be vested in this branch?  How shall this branch be held responsible, without crippling its efficiency?

How well the problem was solved, we shall find out in our study of the provisions of the constitution pertaining to this branch.

SECTION I.—­ELECTION AND SERVICE.

Clause 1.—­Vestment of Power.

The executive power shall be vested in a president of the United States of America.[1] He shall hold his office during the term of four years,[2] and together with the vice-president,[3] chosen for the same term, shall be elected as follows:

[1] This sentence answers the question, “How many persons shall constitute the executive?” and gives the official title thereof.

The executive authority is vested in one person for two chief reasons:  To secure energy in execution, and to impose upon the executive a sense of responsibility.  If the executive power were vested in a number of persons, the differences and jealousies sure to arise, and the absence of responsibility, would result in a feeble administration, which is but another name for a bad administration.