Why should the power to regulate interstate commerce also give Congress the power to require the inspection of cattle in your neighborhood? or to forbid the use of harmful substances in patent medicines? or to forbid the employment in factories of children?
Find out what you can about the influence of John Marshall, Chief Justice of the Supreme Court, in extending the powers of the national government.
THE EXECUTIVE CENTRALIZED AND CONTROLLED
The Constitution vests the executive power in the President of the United States (Art. II, sec. I), and he alone is responsible to the people for the execution of the laws. The people are protected against abuse of this power in the hands of one man by various constitutional provisions. The President’s term of office is limited to four years, though he may be reelected. In case of improper conduct in office, he may be removed by impeachment. The impeachment charges must be brought against him by the House of Representatives, and the Senate, presided over by the Chief Justice of the Supreme Court, must act as a court to try the case. Moreover, even the President must act according to law, and in so far as his duties are not prescribed by the Constitution they are prescribed by Congress. Congress must also create the machinery by which the President executes the laws, and it must appropriate the necessary money. The Senate exercises a further control over the President in that it must approve all appointments and all treaties made by him.
METHOD OF ELECTING THE PRESIDENT
The method of electing the President provided in the Constitution was intended to insure a wise choice, and also shows a lack of complete confidence in the people on the part of the framers of the Constitution. He was to be elected by a body of electors, chosen by the several states “in such manner as the legislatures thereof may direct,” the number of electors from each state to equal the whole number of senators and representatives from that state (Art. II, sec. 2). These electors were originally chosen by the legislatures of the states, but are now elected by the people. When voters “vote for the President” every four years, they in reality only vote for these electors who, in turn, cast their votes for the President.
DEPARTURE FROM THE INTENTION OF THE CONSTITUTION
In the method of electing the President we find one of the points where the intention of the framers of the Constitution has clearly been thwarted. It was obviously the intention that the electors chosen by the states should use their own discretion in the choice of the President. But in practice to-day, the entire body of electors from each state always represents the victorious political party, and casts its vote invariably for the presidential candidate already nominated by the party machinery. We still elect the electors, and the electors go through the form of electing the President; but their part in the procedure is now entirely useless.