[Footnote 17:  Morse’s Jefferson, p. 318.]

[Sidenote:  Powers and duties of the President] The president is commander-in-chief of the military and naval forces of the United States, and of the militia of the several states when actually engaged in the service of the United States; and he has the royal prerogative of granting reprieves and pardons for offences against the United States, except in cases of impeachment.[18]

[Footnote 18:  See above, p. 221.]

He can make treaties with foreign powers, but they must be confirmed by a two thirds vote of the Senate.  He appoints ministers to foreign countries, consuls, and the greater federal officers, such as the heads of executive departments and judges of the Supreme Court, and all these appointments are subject to confirmation by the Senate.  He also appoints a vast number of inferior officers, such as postmasters and revenue collectors, without the participation of the Senate.  When vacancies occur during the recess of the Senate, he may fill them by granting commissions to expire at the end of the next session.  He commissions all federal officers.  He receives foreign ministers.  He may summon either or both houses of Congress to an extra session, and if the two houses disagree with regard to the time of adjournment, he may adjourn them to such time as he thinks best, but of course not beyond the day fixed for the beginning of the next regular session.

[Sidenote:  The President’s message.] The president must from time to time make a report to Congress on the state of affairs in the country and suggest such a line of policy or such special measures as may seem good to him.  This report has taken the form of an annual written message.  Washington and Adams began their administrations by addressing Congress in a speech, to which Congress replied; but it suited the opposite party to discover in this an imitation of the British practice of opening Parliament with a speech from the sovereign.  It was accordingly stigmatized as “monarchical,” and Jefferson (though without formally alleging any such reason) set the example, which has been followed ever since, of addressing Congress in a written message.[19] Besides this annual message, the president may at any time send in a special message relating to matters which in his opinion require immediate attention.

[Footnote 19:  Jefferson, moreover, was a powerful writer and a poor speaker.]

The effectiveness of a president’s message depends of course on the character of the president and the general features of the political situation.  That separation between the executive and legislative departments, which is one of the most distinctive features of civil government in the United States, tends to prevent the development of leadership.  An English prime minister’s policy, so long as he remains in office, must be that of the House of Commons; power and responsibility are concentrated.  An able president may virtually direct the policy of his party in Congress, but he often has a majority against him in one house and sometimes in both at once.  Thus in dividing power we divide and weaken responsibility.  To this point I have already alluded as illustrated in our state governments.[20]