POWER IN THE CONSTITUTIONAL SYSTEM. 239 



powers should be exercised by officers largely under the detailed 

 control of Congress and in the early acts organizing departments 

 of government this plan was carried out. 



" In the United States," says Willoughby, " it was undoubtedly intended 

 that the President should be little more than a political chief; that is to say, 

 one whose functions should in the main consist in the performance of those 

 political' duties which are not subject to judicial control. It is quite clear that 

 it was intended that he should not, except as to these political matters, be the 

 administrative head of the government, with general power of directing and 

 controlling the acts of subordinate administrative agents." ^s 



Later, through the use of the implied or perhaps inherent power of 

 the President to remove officers, and by a wide interpretation of 

 the clause requiring the President " to take care that the laws be 

 faithfully executed," originally indicating supervision rather than 

 direction, the administrative powers of the President increased. 

 At the same time the term " executive power " changed in meaning 

 and although it still included the notion of political functions, its 

 primary association was with the new administrative functions. 



Thus when the constitutional convention gave " executive . 

 power " to the President, the foreign relations power was the 

 essential element in the grant, but they carefully protected this 

 power from abuse by provisions for senatorial or congressional 

 veto. This power ought to be distinguished from the power of 

 the President as head of the administration which he exercises 

 independently within the limits of congressional legislation and 

 which by present usage forms the essential element in " executive 

 power." 



Whether consideration is given to the works of theoretical 

 writers known to the fathers, the precedents of England, the colonies 

 or the Confederation, or the discussion of the Federal convention 

 itself, we may conclude that The Federalist expressed the opinion 

 of the constitutional convention as to the nature of the foreign 

 relations power, so far as they had an opinion on that subject, when 

 with prevision of the later significance of the term " executive 

 power " it classified the treaty power as a fourth department of 

 government ; ^^ 



3^ Willoughby, op. cit., p. 1156. See also Goodnow, op. cit., p. 78. 



36 The Federalist, No. 75 (Hamilton), Ford ed., p. 500. Hamilton later 

 shifted to a defense of the wholly executive nature of the foreign relations 

 power. Supra, sec. y6. 



