United States executive department

“ There is nothing in the Constitution which permits a distinction between the removal of the head of a department or a bureau, when he discharges a political duty of the President or exercises his discretion, and the removal of executive officers engaged in the discharge of their other normal duties. The imperative reasons requiring an unrestricted power to remove the most important of his subordinates in their most important duties must, therefore, control the interpretation of the Constitution as to all appointed by him. ”

“ The question whether the executive should consist of one, or of more than one person, was likely to be influenced by the nature of the powers to be conferred upon the office. Foreseeing that it must necessarily be an office of great power, some of the members of the Convention thought that a single executive would approach too nearly to the model of the British government. These persons considered that the great requisites for an executive department—vigor, despatch, and responsibility—could be found in three persons as well as in one. ”

“ The appointment of citizens to the various executive and judicial offices of the Government is, perhaps, the most difficult of all duties which the Constitution has imposed upon the Executive. The convention wisely demands that Congress shall coöperate with the Executive Department in placing the civil service on a better basis. Experience has proved that, with our frequent changes of administration, no system of reform can be made effective and permanent without the aid of legislation. ”

“ Subordinate departments have distributed the executive functions in their various relations to foreign affairs, to the revenue and expenditures, and to the military force of the Union by land and sea. A coordinate department of the judiciary has expounded the Constitution and the laws, settling in harmonious coincidence with the legislative will numerous weighty questions of construction which the imperfection of human language had rendered unavoidable. ”

“ The same considerations apply with increased force to the legislature. If the executive department were to be subservient to the wishes of the legislature, at all times and under all circumstances, the whole objects of a partition of the powers of government would be defeated. To what purpose would it be to separate the executive and judiciary from the legislature, if both are to be so constituted, as to be at the absolute devotion of the latter? It is one thing to be subordinate to the laws ”

“ If designed to prevent Congress from introducing that question as a fit subject for its calm deliberation and final judgment, the Executive has no reason to doubt that it will entirely fail of its object. The representatives of a brave and patriotic people will suffer no apprehension of future consequences to embarrass them in the course of their proposed deliberations, nor will the executive department of the Government fail for any such cause to discharge its whole duty to the country. ”

“ The reasons, why the president should possess a qualified negative, if they are not quite obvious, are, at least, when fairly expounded, entirely satisfactory. In the first place, there is a natural tendency in the legislative department to intrude upon the rights, and to absorb the powers of the other departments of government. [23] A mere parchment delineation of the boundaries of each is wholly insufficient for the protection of the weaker branch, as the executive unquestionably is; and hence there arises a constitutional necessity of arming it with powers for its own defence. ”

“ The existence of a cabinet, however, was always taken for granted in the discussion and formation of the constitution. It is a creation of custom and has no powers other than of advice and counsel to the President. The growth of executive and administrative business is not fully indicated by the increase in the number of departments. The growth within each department has been much greater. ”

“ While I shall ever evince the greatest readiness to communicate to the House of Representatives all proper information which the House shall deem necessary to a due discharge of its constitutional obligations and functions, yet it becomes me, in defense of the Constitution and laws of the United States, to protect the executive department from all encroachment on its powers, rights, and duties. ”

“ The stigma of venality cannot properly be applied to the laudable ambition of rising into the honorable offices of a free government; and if the opportunity to create places, or to increase their emoluments, and then to secure those places, is taken away, by vesting the appointment in the executive, the question turns mainly on the relations that ought to exist between that department and the legislature. ”

“ The power of congress has been exerted to a great extent, under this clause, in favour of the executive department. The president is by law invested, either solely, or with the senate, with the appointment of all military and naval officers, and of the most important civil officers, and especially of those connected with the administration of justice, the collection of the revenue, and the supplies and expenditures of the nation. The courts of the Union possess the narrow prerogative of appointing their own clerk, and reporter, without any farther patronage. ”

“ The heads of the departments are, in fact, thus precluded from proposing, or vindicating their own measures in the face of the nation in the course of debate; and are compelled to submit them to other men, who are either imperfectly acquainted with the measures, or are different to their success or failure. Thus, that open and public responsibility for measures, which properly belongs to the executive in all governments, and especially in a republican government, as its greatest security and strength, is completely done away. ”

“ The Judiciary Department is so constructed as to be sufficiently secured against the improper influence of either the Executive or Legislative Departments. The courts were organized and established by the Legislature, and the Executive creates the judges. Being thus organized, the constitution affords the proper checks to secure their honesty and independence in office. It declares they shall not be removed from office during good behavior; nor their salaries diminished during their continuance in office. ”

“ Approved, May 7, 1822.
↑ In general, the official duties of one of the executive departments, whether imposed by acts of Congress, or by resolutions, are not merely ministerial duties. The head of an executive department of the government, in the administration of the various and important concerns of his office, is continually required to exercise judgment and discretion. He must exercise his judgment in expounding the laws and resolutions of congress, under which he is required, from time to time, to act. ”

“ The Office shall work with the policy and communications offices of agencies in developing a strategy for disseminating truthful, accurate, and effective messages about the United States, its Government and policies, and the American people and culture. The Office may, after consulting with the Department of State and obtaining the approval of the Assistant to the President for National Security Affairs on the President's behalf, work with cooperating foreign governments in the development of the strategy. ”

“ The machinery for providing such careful investigation can readily be supplied. The executive department has already at its disposal methods of collecting facts and figures; and if the Congress desires additional consideration to that which will be given the subject by its own committees, then a commission of business experts can be appointed whose duty it should be to recommend action by the Congress after a deliberate and scientific examination of the various schedules as they are affected by the changed and changing conditions. ”

“ But it is not by the extent of its patronage alone that the executive department has become dangerous, but by the use which it appears may be made of the appointing power to bring under its control the whole revenues of the country. ”

“ Economy and sound business policy require that all existing independent bureaus and commissions should be placed under the jurisdiction of appropriate executive departments. It is unwise from every standpoint, and results only in mischief, to have any executive work done save by the purely executive bodies, under the control of the President; and each such executive body should be under the immediate supervision of a Cabinet Minister. ”

“ Obama will require his appointees who lead the executive branch departments and rulemaking agencies to conduct the significant business of the agency in public, so that any citizen can see these debates in person or watch them on the internet. ”

“ Besides, there are frequently such officers as commissioners of railroads and of canals, insurance, agriculture, labor, immigration, charities, etc. In most States where such officers exist they are popularly elected, but in a few States they are chosen by the Legislature or appointed by the Governor. The position of the heads of the State executive departments is in no sense similar to that of the President's Cabinet. ”

“ The President has instructed the leaders of the FBI, Central Intelligence, Homeland Security, and the Department of Defense to develop a Terrorist Threat Integration Center, to merge and analyze all threat information in a single location. The center is being created because our government must have the very best information possible to make sure that the right people are in the right places to protect the American people. The National Strategy for Homeland Security addresses information sharing and technology within the United States. ”

“ Committee Government in Congress owes its existence to no provision of the constitution. The only mention made in the constitution of the Speaker of the House, to-day the most powerful officer in the legislature, is where it is provided that "The House of Representatives shall choose their speaker and other officers." All executive departments—the State, War, Navy, Treasury, Post Office, Interior, Justice, Agriculture, and Labor—have been created from time to time by act of Congress. ”

“ Mr. John Quincy Adams, Secretary of State; Mr. William H. Crawford, Secretary of the Treasury; Mr. John C. Calhoun, Secretary at War; Mr. Smith Thompson, of New-York, Secretary of the Navy; Mr. John McLean, Postmaster General; William Wirt, Esq., Attorney General. These constituted the Executive Department, and it would be difficult to find in any government, in any country, at any time, more talent and experience, more dignity and decorum, more purity of private life, a larger mass of information, and more addiction to business, than was comprised in this list of celebrated names. ”