may be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the Government of the United Staes or in any department or office thereof. "
The power of legislation granted by this latter clause is by itlly confined to the specific objects before enumerated. But as this limitation was unavoidably somewhat indefinite it was deemed necessary to guard more effectually certain great cardinal principles essential to the liberty of the citizen and to the rights and equality of the States by denying to Congress in express tersm any power of legislation over them. It was apprehended it seems that such legislation might be attempted under the pretext that it was necessary and proper to carry into execution the powers granted; and it was determined that there should be no room to doubt where rights of such vital importance were concenred, and accordingly this clause is immediately followed by an enumeration of certain subjects to which the powers of legislation shall not extend; and the great importance which the framers of the Constitution attached to the privilege of the writ of habeas corpus to protect the liberty of the citizen is proved by the fact that its suspension except in cases of invasion and rebellion is first in the listof prohibited powers; and even in these cases the power is deniedand its exercise prohibited unless the public safety shall require it. It is true that in the cases mentioned Congress is of necessity the judge of whether the public safety does or does not require it; and its judgment is conclusive. But the intorduction of these works is a standing admonition to the legislative body of the danger of suspending it and of the extreme caution they should exercise before they give the Government of the United States such power over the liberty of a citizen.
It is the second article of the Constitution that provides for the organization of the executive department and enumerates the powers conferred on it and prescribes its duties. And if the high power over the liberty of the citizens now claimed was intendedto be conferred on the President it would undoubtedly be found in plain words in this article. But there is not a word in it that can furnished the slightest ground to justify the exercise of the power.
The article begins by declaring that the executive power shall be vested in a President of the United States of America to hold his office during the term of four years, and then proceedsto describe the mode of election and to specify in precise and plain works the powers delegated to him and the duties imposed upon him. And the short term for which he is elected and the narrow limits to which his power is confined show the jealousy and apprehensions of future danger which the framers of the Constitution felt in relation to that department of the Government and how carefully they withheld from it many of the powers belonging to the executive branch of the English Government which were considered as dangerous to the liberty of the subject, and conferred (and that in claer and specific terms) those powers only which were deemed essential to secure the successful operation of the Government.
He is elected as I have already said for the brief term of four years and is made personally responsible by impeachment for malfeasance in office. He is from necessity and the nature of his duties the commander-in-chief of the Army and Navy and of the militia when called into actual service. But no appropriation for the support of the Army can be made by Congress for a longer term than two years, so that it is in the power of the succeeding House of Representatives to withhold