GENERAL PRINCIPLES 9 



own judgment, and should not be forced by the 

 wish of those who are not responsible for his du- 

 ties. If he fails to enforce the laws as enacted, he 

 may be impeached and removed from office. 



5. Executive Orders, Law? It very frequently 

 happens that a statute needs to be supplemented 

 by definite regulations in application. When 

 these regulations are within the provisions of the 

 statute, they have the full force of the original 

 statute, and are equally binding. This has given 

 rise to the statement often made that executive 

 orders have the force of law; but this statement 

 is not always true. The executive orders must 

 simply provide for the working of the statute as 

 enacted, and must not attempt to enlarge the scope 

 or meaning of the act. For example : Some years 

 ago Congress passed an act providing for the ad- 

 mission of animals intended for breeding pur- 

 poses, free of duty. The Secretary of the Treas- 

 ury, whose duty it is to supervise the collection of 

 import duties, made a ruling that animals so ad- 

 mitted free must show evidence of superior breed- 

 ing. This was probably the intention of the 

 Congress in making this exception, as without 

 such a reservation it would be an easy matter for 

 one to bring over any animal free if it had the 

 power of reproduction. However, Congress failed 

 to make this statement in the act, and the court 

 very properly said that the Secretary's regulation 

 appended to the provisions of the statute another 

 restriction. It was therefore not a regulation, but 

 new legislation, and was therefore a violation of 

 the principle of division of powers ( § 4) and so 



