WRIGHT— POWER TO MEET RESPONSIBILITIES. 247 



difficult}' of a complete enumeration of all the cases of executive authority 

 would naturally dictate the use of general terms, and would render it improb- 

 able that specification of certain particulars was designed as a substitute for 

 those terms, when antecedently used. The different mode of expression em- 

 ployed in the Constitution, in regard to the two powers, the legislative and 

 the executive, serves to confirm this inference. In the article which gives the 

 legislative powers of the government the expressions are, ' All legislative 

 powers herein granted shall be vested in a Congress of the United States.' 

 In that w^hich grants the executive power, the expressions are, ' The execu- 

 tive power shall be vested in a President of the United States.' This enu- 

 meration ought, therefore, to be considered as intended merely to specify the 

 principal articles implied in the definition of executive power ; leaving the 

 rest to flow from the general grant of that power, interpreted in conformity 

 with other parts of the Constitution, and with the principles of free govern- 

 ment. The general doctrine of the Constitution then is, that the executive 

 power of the nation is vested in the President, subject only to the exceptions 

 and qualifications which are expressed in the instrument." ^^ 



President Roosevelt affirmed belief in the same doctrine over a 

 century later in his autobiography -P 



" I declined to adopt the view that what was imperatively necessary for' 

 the Nation could not be done by the President unless he could find some' 

 specific authorization to do it. My belief was that it was not only his right 

 but his duty to do anything that the needs of the Nation demanded unless 

 such action was forbidden by the Constitution or by the laws. Under this 

 interpretation of executive power I did and caused to be done many things 

 not previously done by the President and the heads of departments. I did 

 not usurp power, but I did greatly broaden the use of executive power. In 

 other words, I acted for the public welfare, I acted for the common well- 

 being of air our people, whenever and in whatever manner was necessary, 

 unless prevented by direct constitutional or legislative prohibition." 



As an illustration of the exercise of power " not explicitly given me 



by the Constitution " he cites the making and carrying out of the 



executive agreement with San Domingo whereby he took over the 



administration of her customs houses. ^° 



This view of executive authority has not been supported by 



writers of a more legalistic temperament : 



" The general grant of executive power to the President," says Goodnow, 

 " meant little except that the President was to be the authority in the govern- 

 ment that was to exercise the powers afterwards enumerated as his." ^i 



18 Hamilton, in document quoted supra, sec. 78. 

 13 Roosevelt, Autobiography, pp. 388-389. 

 20O/>. cit., pp. 551-552. 

 -1 Goodnow, op. cit., p. y^. 



