THE POWERS OF THE PRESIDENT

Dominion, Volume 9, Issue 2801, 20 June 1916, Page 6

THE POWERS OF THE PRESIDENT

FOUR YEARS OF AUTOCRACY WHAT DR. WILSON CAN AND CANNOT DO (By H. Wilson Harris, in tho "Daily News/') Two English politicians were recently discussing the American Constitution. "It is an astonishing tiling,"' one of them .observed, "that the greatest democracy in tho world should give its President powers that make kirn more autocratic than the Kaiser." "Yes," rejoined the other: "hut you havo to remember that the Kaiser can't bo.sent home to look nfter the garden at the end of four years." That, limitation, which is further emphasised by the fact that no President of the United States Has ever yet secured a second re-election, goes far to explain the apparent prodigality of the framers of the Constitution in 1787 in the allotment of prerogatives to 'the Presidents of the future. / But it detracts in no way from the responsibility weighing during his term of offico on a President faced with such a crisis Vis-is now confronting Dr. Woodrow Wilson.

It is difficult for minds familiar with* centuries of English constitutional government to appreciate the complete independence of a President of the United! States both of the two Houses of Compress and of his own personally appointed Cabinet. The fact is, as, Lord Bryc(> points out, that "the President enjoysi more authority, if less dignity," than* i .European- king." Still more do hip powers exceed those of a British Prim<) Minister, since be remains entirely unaffected by an adverse vote in Congress, which may he, and often is. controlled V-y a majority of the opposite political colour to the" President.

Throughout .the controversies with Germany Dr. Wilson's .hands, have been unfettered by any single article in the Constitution. No step has been taken demanding the ratification of Congress, anid even the Cabinet—whom He himself ajV pointed and which is in its turn completely independent both of the Sennite and of tho House, in neither, of whisli can its members sit—can without breach of constitutional propriety be left entirefly in the dark as to the course of the,negotiations. The President can write Viis own Notes and need show them to ®'o one. He is, in fact, responsible to '•no one but the people,'- and that responsibility, can be brought home to him o/ily by formal impeachment: a constitutional weapon only ouco called into Lincoln's successor, Andrew Johnsdn*and then unsuccessfully. Dr. Wilson's Method. Those are' the possibilities of the position. . But a far les3 able and sagacious administrator than the present ftiisident would have, had the wisdom to Jortiiy himself'at every step, as Dr. .'Wilson has done, by'consultation with nis Cabinet, by keeping touch with the Senate Committee on Foreign Relations, and when the situation demanded it bj an appeal for the support of Congress. Jinch support was asked , and given six ago, when the ."tabling" resolutions were put and carried in both Chaiu/ljers. It|Was, suggested; at the time -in' the columns or "The Daily. News" tha/i.thd President's prudent but constitutioniaUy gratuitous. action was to be interpreted m the. light of the one serious limiliition on ..his. powers—the article assigning to Congress the right of declaring The importance, to a sincerely denMcra--tic President of securing the concurrence of Congress at a comparatively early stags'of critical negotiations is manifest, l'or the right of Congress to declard war is in practice seriously qualified by the fact that the President's conduct laif 'a controversy may have carried the) situation- to such a point that in reality, no free choice .between war...and pca«y. remains. . .

' No. one can pretend to forecast, the development of the present situation with any assurance, but short of a capitulation .by Germany only tw.o alternatives appear to be possible, a. severance, of diplomatic relations and an actual flfeclaration of war. In the former qafie the decision, will rest with the President, whosß function it is to appoint aid receive (and hence to recall or dac/ine to receive) Ambassadors. In the laJjter the decisive- step must be taken by Cjcmgress, anil it is to be noted that wh'iile the Senate alone (by a two-thirds majority) can confirm a treaty, the concurrence of both. Houses is required for a declaration of war. No special provision is made in the Constitution for "unlikely ■ contingency of a difference ;'between the two Chambers on an issue so- .vital. .War once declared, the President resumes his plenipotentiary powel'S. He is in supreme command of the Ai..Tny and Navy and of the militia of thi;i individual States when called into th<;i service of the Federal Government, a'lW. from him all officers derive their commission. Lincoln, in the Civil War, "used his powers to the full. The command of the: Navy, fortunately, • gave ljim little anxiety, but he was personally responsible for the selection and appointment of -the succession of Northern XSpnerals, from Scott and M'Clellan to CJiMtat and Sheridan and 1 The Powers of Congrea That, however, was becausei .the Fed-' eral Congress left the lihnds oji the President. unfettered. His .appointments technically require the appravivl of the Senate, and the necessary ra i'ififcation is by no means-always conceded! Moreover, the: skilful system of s check;: , and balances on which the Constitution of the United States is based has limited, the President's wide authority by leaving it to Congress to supply tho material on which he relies to carry on .the war. President. Wilson can do whl.'lt lie will, with the. United States Antiy, but it mobilises only some 100,000 all., told, and it rests with Congress to incn ease to call out tho States Milit'in, which totals another 120,000. Lincoln, lit is true, himself issued a call for volunteers in 1861-in advance of ■ Congress, -.p-hich was not'-then in session, but the (hvo Chambers had later to vote the mem and the money for their support, wh lie the famous compulsory drafts of 18 53 were, of course, the. result not of a Presidential proclamation, but of an Act c> t Congress. It is for Congress, in short, to find the men and the money and the. ships, and for tho President to use theniu as he will when found. .Such,, according to the lei iter of the Constitution, are President Wilson's powers to-day. There is no nc*;nl to insist unduly on the letter, for if anything is certain it is that President a aid Cabinet, and the great mass both .of the two Chambers and of the nation. Vould enter a war with Germany in full.'■ and uncheciuered co-operation. But knowledge of the distribution of the effi active power in tho event of war is a Necessary condition, both of an adequate appreciation of the magnitude of President Wilson's responsibility, and of a pc oper understanding of the opportunity es of constitutional obstruction open 'to a well-or-"inised hyphenated party i n either House.