The President, Office and Powers: 1787-1957, History and Analysis of Practice and Opinion

By Edward S. Corwin | Go to book overview

Notes
CHAPTER I
1. Myers v. United States, 272 U.S. 52, 118 ( 1926). Construing the term "all cases" in Art. III, § 2, par. 1, counsel in Osborn v. The Bank remarked: "The pleonasm is here meant to perform its usual office, to be emphatic. It marks the intention, and affords a principle of construction." 9 Wheat. 738, 809 ( 1824). See also Hamilton argument as "Pacificus", pp. 179-81 infra. Cf. note 50 infra.
2. Constitution, Art. I, § 8, cl. 18.
3. Ibid., Art. II, § 3.
4. 1 Cr. 137, 165-66.
5. See Evarts B. Greene, The Provincial Governor, etc. ( New York, 1898).
6. Allan Nevins, The American States During and After the Revolution ( New York, 1924), p. 166; also studies by W. C. Morey and W. C. Webster in Annals of the American Academy of Political and Social Science ( 1893).
7. Federalist 48; Edward M. Earle (ed.) ( Washington, 1938), p. 322. Cited hereafter as Earle.
8. F. N. Thorpe (ed.), American Charters, Constitutions, etc. ( Washington, 1909), VII, 3816-17. A similar clause appeared also in the Maryland constitution of 1776. Ibid., III, 1696.
9. Proceedings Leading to the Calling of the Conventions of 1776 and of 1790 ( J. S. Wiestling, publ., Harrisburg, 1825), pp. 100-1; also at p. 75. This "supreme executive power," however, was "vested in a president and council." Thorpe, op. cit., V, 3084.
10. Federalist 69; Thorpe, op. cit., V, 2632-33.
11. Two Treatises of Government ( Morley ed.), Bk. II, Ch. 14, §§ 159-66.
12. Ibid., Ch. 11, § 134.
13. Politics ( Welldon, tr.), Bk. VI, Ch. 14. For Locke's contribution see op. cit., Bk. II, Ch. 12.
14. Spirit of the Laws ( Nugent-Prichard, ed.) ( London, 1905), Bk. XI, Ch. 3. For others who, besides Aristotle and Locke, are frequently set down as forerunners of Montesquieu, see John A. Fairlie, "The Separation of Powers," 21 Michigan Law Review, No. 3 ( February 1923); and F. T. H. Fletcher , Montesquieu and English Politics ( London, 1939), Ch. VIII. Most of the supposed forerunners, however, after Aristotle stopped short

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The President, Office and Powers: 1787-1957, History and Analysis of Practice and Opinion
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents xi
  • Chapter I - Conceptions of the Office 3
  • Chapter II - The Apparatus of the Presidency 31
  • Chapter III - Administrative Chief 69
  • Chapter IV - Chief Executive 119
  • Chapter VI - Commander-In-Chief in Wartime 227
  • Chapter VII - Legislative Leader And "Institution" 263
  • Résumé 306
  • Notes 315
  • Table of Cases 497
  • Index 501
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