Identifier: powersofamerican01miya (find matches)
Title: Powers of the American people, Congress, President, and courts, according to evolution of constitutional construction
Year: 1906 (1900s)
Authors: Miyakawa, Masuji
Subjects: Constitutional law
Publisher: Washington, D.C., The Wilkens-Sheiry co.
Contributing Library: The Library of Congress
Digitizing Sponsor: The Library of Congress

View Book Page: Book Viewer
About This Book: Catalog Entry
View All Images: All Images From Book
Click here to view book online to see this illustration in context in a browseable online version of this book.

Text Appearing Before Image:
or for any right in subordinate officersto review his decision, and in effect defeat it. Whenevera statute gives a discretionary power to any person, it is tobe exercised by him upon his own opinion of certain facts.In the present case we are all of the opinion that suchis the true construction of the act of 1795. It is no answerthat such a power may be abused, for there is no powerwhich is not susceptible of abuse. The remedy for this,as well as for other official misconduct, if it should occur,is to be found in the Constitution itself. In a free gov-ernment, the danger must be remote, since in addition tothe high qualities which the executive must be presumed CONGRESS. lOI to possess of public virtue, and honest devotion to thepubHc interests, the frequency of elections, and the watch-fulness of the representatives of the nation, carry withthem all the checks which can be useful to guard againstusurpation or wanton tyranny/ * Martin v. Mott, 12 Wheat. 19, 7 Curtis 10. THE PRESIDENT
Text Appearing After Image:
THE PRESIDENT ARTICLE III. The executive power shall be vested in a President of the UnitedStates of America.—Art. II, Sec. i, U. S. Constitution. Section 30. The constitutional provision created theoffice of the President of the United States. It vested atthe same instance the entire executive power in a singleindividual. The head of the executive of the Americannation shall hold his office during the term of four yearsand together with the Vice-President, chosen for thesame term. President and Vice-President must be a natural borncitizen or a citizen of the United States, who has attainedthe age of thirty-five years; and a naturalized citizenshall be ineligible to that office. The President of theUnited States, the strictest creature of the constitutionalnomenclature, is not obnubilated behind the mysteriousobscurity of counsellors. Power is communicated to himwith liberality, though with ascertained limitations. Tohim the provident or improvident use of it is to be as-cribed. For

Note About Images