The Works volume 2 Set 1

Cover The Works volume 2 Set 1
The Works volume 2 Set 1
Calhoun John Caldwell
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The re- sult was different. I was struck, on reading the debate, with the force of the arguments of those who contended that the power was not vested by the constitution in the Executive. To me they appeared to be far more statesman-Hke than the opposite arguments, and to partake much more of the spirit of the constitution. After reading this debate, I turned to the constitution, wliich I read with care in reference to the subject discussed, when, for the first time, I was struck with the full ...force of the clause which I have quoted, and which, in my opinion, for ever settles the controversy. , I will now, said Mr. C, proceed to consider what will be the effect on the operation of the system under the con- struction which I have given. In the first place, it would put down all discretionary j)Ower, and convert the Govern- ment into what the framers intended it shoidd be — a govern- ment of laws and not of discretion. If the construction be established, no officer from the President to the constable, and from the Chief Justice to the lowest judicial officer, could exercise any power but what is expressly granted by the constitution or by some act of Congress : and thus that.

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