The Powers of the Executive Department of the Government of the United States, And the Political Institutions And Constitutional Law of the United States
The Powers of the Executive Department of the Government of the United States, And the Political Institutions And Constitutional Law of the United States
Alfred Conkling
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lost his head, and James II. was driven from his * Pitkin'a matory, vol. 2, p. 289. 64 throne. ' * The principal duty of the king, ' ' says Sir William Blackstone, "is to govern his people according to law. " " The king," said Bracton (who wrote under the reign of Henry III. ), ' ' hath also a superior, namely, God, and also the law ;" and in his coronation oath, the King of Great Britain solemnly promises to govern the people of his kingdom "according to the statutes in parliament agreed on, a...nd the laws and customs of the same." The subordination of the executive to the legislative department of the govern- ment, then, is a fundamental and indis- putable principle. A systematic and per- sistent disregard of it by the executive would inevitably lead to intolerable confu- sion and anarchy, and, if patiently sub- mitted to, must soon end in despotism. What at any time, the president is bound or permitted to do, in execution of his 66 executive powers, depends upon the exist- ing laws. To him, not less than to the private citizen, the law is " a rule of con- duct prescribed by the supreme power of the state," to which it is his duty to con- form.
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