Objection that there should be a provision that all elections should Qualifications of senators-Appointment of senators by State No. LXIII.-THE SENATE CONTINUED Prevents a want of a due sense of national character, of a due No. LXIV. THE POWERS OF THE SENATE The treaty-making power-Importance of this power-Property PAGE 380 384 391 450 • 407 The appointment of public officers-The authority to sit as a court in OBJECTIONS TO THE POWER OF THE SEN- ATE TO SIT AS A COURT FOR IMPEACHMENTS FUR- Objection that it unites legislative and judicial functions-This same provision in constitution of New York which opposition admire -That it unduly accumulates power in the Senate, and tends to the establishment of an aristocracy-That the Senate will judge too leniently officers for whose confirmation it has voted-That the sena- tors may be called upon to try themselves for a corrupt use of the No. LXVII. THE EXECUTIVE DEPARTMENT Misrepresentations on this point considered and answered. No. LXVIII.—The Mode of Electing THE PRESIDENT No. LXIX. THE REAL CHARACTER OF THE EXECUTIVE A single person-Compared with the king of Great Britain and the A vigorous Executive consistent with republican government-What constitutes a proper Executive-Unity-Reasons for this-Vesting executive authority in two or more magistrates-Restraining the Executive by a council-Objections to plurality and control by coun- No. LXXI.-THE DURATION IN OFFICE OF THE EXECUTIVE, 445 No. LXXII. THE SAME SUBJECT CONTINUED, AND REËLI- Duration in office affects stability of administration-Heads of de- No. LXXIII.—THE PROVISION FOR THE SUPPORT OF THE Without suitable provision the Executive will be at the mercy of the legislature, and the independence of the Executive should not be im- paired-The veto power-Reasons for and against enumerated and considered―The veto power not absolute—It already exists in New No. LXXIV.-THE COMMAND OF THE MILITARY AND One of the best features of the Constitution-Objection that it combines the executive and legislative departments considered-It is a proper combination-Reasons for this-House of Representatives can- not properly be admitted-Objection to requiring only two thirds of No. LXXVI. THE APPOINTING POWER OF THE EXECUTIVE, 471 This an excellent feature-This power cannot be exercised by the people at large-It will cause a livelier sense of duty in the Executive Objection that the President may thus control Senate considered -Whole body of Senate cannot be corrupted-Protection of Con- No. LXXVII. THE APPOINTING POWER CONTINUED AND OTHER POWERS OF THE EXECUTIVE CONSIDERED 476 The concurrence of the Senate necessary to displace as well as to ap- point-Objections as to undue control of the Senate by the President, or the reverse, considered-Compared with system of appointment in New York-Appointing power should be delegated to a council or shared in by the House-Power to communicate information to Con- gress; to recommend measures to Congress; to convene one or both branches of Congress; to adjourn Congress; to receive ambassadors and other public ministers; to execute the laws of the Union; to commission all officers of the United States-Concluding remarks on No. LXXVIII.-THE JUDICIARY DEPARTMENT. Mode of appointment-Tenure-Need of complete independence- Authority pronounced on the constitutionality of the laws-The legis- lature should be the judge of its own powers-Interpretation of the laws the peculiar province of the judiciary-Need of independence on this account-Independence required for judiciary as guardians of the Constitution and of private rights as well-Wisdom of requiring good A fixed provision for the support of the judiciary necessary to their To what cases the judicial authority ought to extend-To all cases which arise from duly enacted laws of the Union; which concern the execution of the provisions of the Constitution; in which the United States is a party; which involve the peace of the Union in foreign relations, or when two States, or a State and the citizens of another State, or the citizens of different States, are parties; which originate on the high seas or are of admiralty jurisdiction; in which State tri. bunals cannot be supposed to be implicated-To what cases authority of judiciary will extend under proposed Constitution-Statement of constitutional provisions-These provisions conform to what the pow- ers of the judiciary ought to be-Propriety of delegating equity No. LXXXI.-THE JUDICIARY CONTINUED, AND TH DIS- Propriety of establishing one court of final and supreme jurisdiction The jurisdiction of the State courts on federal questions-The State No. LXXXIII.-THE JUDICIARY CONTINUED IN RELATION No. LXXXIV.-CERTAIN GENERAL AND MISCELLANEOUS AND ANSWERED CONSTITUTION PAGE 501 512 516 CONSIDERED · 533 Bill of rights-Liberty of the press-Seat of government too re- |