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Chapter IV - How to Balance Power
How to Balance Power
Once the hard-working delegates had compromised on the potentially explosive issues of representation and slavery, they had little difficulty agreeing about the balance of power within the three branches of government. Some, however, worried about the extensive powers given the executive branch. Madison remarked that the idea of a single person as the chief executive "caused considerable pause," while George Mason of Virginia anxiously protested that such a system provided fertile ground for a "fetus of monarchy." Surprisingly, although the president was subject to election every four years, in office he wielded powers that actually exceeded those of the British king. The president had veto power over congressional legislation, commanded the armed forces and executed laws. He could make treaties with the advice and consent of two-thirds of the Senate and appoint judges, diplomats and other officials with the consent of a Senate majority.
But in key areas the president's powers were severely limited. He could not declare war or make peace; only Congress had that power. The Constitution also required that the president report annually on the "state of the nation." Furthermore, unlike the British king he could be removed from office, for as George Mason asked, "Shall any man be above justice?" The delegates answered this question by devising a unique impeachment process. The House could indict the chief executive and other civil officers on charges of treason, bribery or "other high crimes and misdemeanors." If indicted, the president could then be removed by a two-thirds vote of the Senate to convict. Since the vice-president presided over the Senate and should certainly have a personal stake in the outcome, the presiding officer at a president's trial would be the chief justice. Eighty-one years later this system was tested when Andrew Johnson was nearly impeached by the House of Representatives. However, the Senate failed to convict him by one vote, and Johnson remained in office.
With the balance of power assured, delegates determined procedures for choosing the personnel of the executive, legislative and judicial branches. Though they recognized that popular majorities must have a voice, they were equally anxious to invent safeguards against the influential "workings of popular passions and temporary enthusiasms." Compromising once again, the delegates stipulated that popular majorities from each state would elect House representatives every two years, but that the Senate would be elected by members of the House for six-year terms. Not until 1913 would senators be selected by popular vote. Each state legislature was also to appoint as many electors as it had members of Congress to choose the president by electoral college for a four-year term. With the consent of the Senate, the president would appoint judges for life-time terms. The novel idea that the people should elect a president did not emerge until the 1820s.
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