The officer who has charge of prosecution or defense of suits for or against the United States is called the attorney general.  He is to the United States what the county attorney is to the county.  He has, of necessity, many assistants.  All United States district attorneys and marshals act under direction of this department.  He is also legal adviser of the government.

By an act approved February 11, 1889, the department of agriculture was established with appropriate duties assigned to it.

The practice of holding regular cabinet meetings was begun by Jefferson, and has continued as a matter of custom and expediency ever since.  The meetings are attended only by the president, his private secretary, and the cabinet.  They are held for the purpose of consultation.  The president may act upon the advice of his cabinet or not as he chooses.

The reports or opinions referred to in the provision of the constitution now under consideration, are called for at least once a year and are transmitted to congress with the president’s message.  But they may be called for at any time.

Cabinet officers are not directly authorized by the constitution, but provisions of this section seem to take it for granted that the president would have such assistants.

[3] This power extends to military offenses as well as to the criminal offenses of civilians.

The Supreme Court has decided that the president has power also to commute sentences; and that he may act in the matter at any time after the offense is committed, even before the trial.  He may also stop proceedings in any criminal case prosecuted in the name of the United States.

The exception in case of impeachment was first made in England, to prevent the king from shielding his ministers.  It is in our constitution as a similar check upon the president.

Clause 2.—­Powers shared by the Senate.

He shall have power, by and with the advice and consent of the senate, to make treaties, provided that two-thirds of the senators present concur;[1] 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 otherwise herein provided for, and which shall be established by law;[2] but congress may by law vest the appointment for such inferior officers as they may think proper, in the president alone, in the courts of law, or in the heads of departments.[3]

[1] The “advice” of the senate is rarely, if ever, asked; but its “consent” must be had in order to make the treaties lawful.

For the mode of making treaties, see pp. 320, 350, 360.