Page:United States Statutes at Large Volume 1.djvu/139

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Powers and duties of the President.navy of the United States, and of the militia of the several States, when called into actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices,May grant reprieves and pardons. and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

May make treaties, by and with the advice and consent of the Senate.
Appointments to office.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided 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 herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.[2]

Vacancies during the recess of the Senate.The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

Give Congress information of the State of the Union.
Convene Congress on extraordinary occasions. When he may adjourn Congress.
Other powers and duties.
§ 3. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the United States.

Removals from office by impeachment and conviction of crimes.
Judicial powers.
Judges to hold office during good behaviour.
Compensation not to be diminished during continuance in office.
Extent of judicial power.
§ 4. The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Art. III. § 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour; and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.[3]

§ 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the

  1. The decisions of the Supreme Court of the United States on the powers and duties of the President of the United States have been the following: Marbury v. Madison, 1 Crunch, 137; 1 Cond. Rep. 267; 1 Peters, 296; 12 Peters, 524. Williams v. The Suffolk Ins. Com., 13 Peters, 415.
  2. Am. Ins. Comp. v. Canter, 1 Peters, 511, 517; with Mr. Justice Johnson's opinion. Ex parte Duncan N. Hennen, 13 Peters, 230.
  3. The decisions of the Supreme Court of the United States on the 1st and 2d sections of the 3d article of the Constitution have been: The State of Rhode Island v. The State of Massachusetts, 12 Peters, 657-72. McBride v. Hoey, 11 Peters, 167. Marbury v. Madison, 1 Crane, 137; 1 Cond. Rep. 267. Ex parte Crane, 5 Peters, 190. Ex parte Milburn, 9 Peters, 704. Town of Pawlet v. Clark et al., Cranch, 292; 3 Cond. Rep. 408. Ex parte Kearney, 7 Wheat. 38; 5 Cond. Rep. 225. McCluny v. Silliman, 2 Wheat. 369; 4 Cond. Rep. 162. The United States v. Bevans, 3 Wheat. 336; 4 Cond. Rep. 275. United States v. Hamilton, 3 Dall. 17. Ex parte Bollman, 4 Cranch, 75; 2 Cond. Rep. 33. Ex parte Tobias Watkins, 3 Peters, 193. Cherokee Nation v. The State of Georgia, 5 Peters, 1. Cohens v. The State of Virginia, 6 Wheat. 264. Osborn v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. The United States v. Ortega, 11 Wheat. 467; 6 Cond. Rep. 394. Fowler v. Lindsey et al., 3 Dall. 411. The United States v. Goodwin, 7 Cranch, 108; 2 Cond. Rep. 434.

    The third article of the Constitution of the United States enables the judicial department to receive jurisdiction to the full extent of the Constitution, laws and treaties of the United States, when any question respecting them shall assume such form that the judicial power is capable of acting on it. That power is capable of acting, only when the subject is submitted to it by a party who asserts his rights in a form prescribed by law. It then becomes a case.

    Osborn et al. v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741.