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Show 151 ing Oft It QTe signifkon'. He Mid: The Ptesident of the United States has wrhten (I letter to Judge Roberts which contains this paragraph: 'To this I replied on Mareh 13, explaining to the Senator the differenee between the appointive power, whieh is in the President, and the power of 'confirmo tic" which is in the Senate. I pointed out to the Senate" end others Ie make recommendations for nomi nations, and at the some time that every President has sotlght information from Clny other source deemed advisable.' No ene ccwes how the ',resident of the Uni'ted States interprets his courtesy rights. No one cares whether or not he seeds • governor ahead of a senator at 0 ban quet, whether when h. go'. into one of the States he invites only the gov'emor to come and coli on him and completely ignores GIl the National officers of Govflrn ment. No one cares very mueh if the Executive has CI kltc;hen cabinet, Q cuff-link eluh, m,edicine boll advisor. A president has G right to talk with whom he wishes, in the way he wishes, and to run his Job in a manner In keeping with hi.s own individuo,1 interpreta tion of his Job, lust so tong os he do. not mGr the con stitutional scheme by definitely Interferring with 0 right or Ct privilege of enother in govemm,ent whose rights, if equal in power, yet their p'roper sphere. not ore rights equal in crUgnity in Iy Q proper interpretation of 'by and with the advice and consent' we may have C!I key to hs continuonc:e on the bcrais of free association, exohange of opinion, del iberotion and action only Clfter a meeting of minds at the end of free discussion. I repeat, this holds both as to appointments and Q$ to foreign relotions. It is on exaggerated flight of the Imagination to assume that the authority of our Chief Executiv. acting alone in treaty negotiations Is regarded os plenary, when the whole world knows that the last word, about treaties rests in the Senote. The President's letter to Judge Roberts, should not become the text writers' key to the interpretation of 'by and with the advice and consent'. It suggests a spirit thot is contro'ry to much thot is good in our Ameri can Constitutional theory and practice.5 |
