This was the construction given to the Constitution, while it was
pending for ratification before the State conventions, by the author of
the Federalist. But the construction which was given to the Constitution
by Congress, after great consideration and discussion, was different.
The words of the act [establishing the Treasury Department] are: "And
whenever the same shall be removed from office by the President of
the United States, or in any other case of vacancy in the office, the
assistant shall act." This amounted to a legislative construction of the
Constitution, and it has ever since been acquiesced in and acted upon
as a decisive authority in the case. It applies equally to every other
officer of the Government appointed by the President, whose term of
duration is not specially declared. It is supported by the weighty
reason that the subordinate officers in the executive department ought
to hold at the pleasure of the head of the department, because he is
invested generally with the executive authority, and the participation
in that authority by the Senate was an exception to a general principle
and ought to be taken strictly.
Pages:
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459