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xpelled another from his throne; were accustomed to accost the successor of those princes upon their knees。 On the other hand; when a republic falls under the sway of a single individual; the demeanor of the sovereign is simple and unpretending; as if his authority was not yet paramount。 When the emperors exercised an unlimited control over the fortunes and the lives of their fellow…citizens; it was customary to call them Caesar in conversation; and they were in the habit of supping without formality at their friends' houses。 It is therefore necessary to look below the surface。
The sovereignty of the United States is shared between the Union and the States; whilst in France it is undivided and compact: hence arises the first and the most notable difference which exists between the President of the United States and the King of France。 In the United States the executive power is as limited and partial as the sovereignty of the Union in whose name it acts; in France it is as universal as the authority of the State。 The Americans have a federal and the French a national Government。
Chapter VIII: The Federal Constitution … Part II
This cause of inferiority results from the nature of things; but it is not the only one; the second in importance is as follows: Sovereignty may be defined to be the right of making laws: in France; the King really exercises a portion of the sovereign power; since the laws have no weight till he has given his assent to them; he is; moreover; the executor of all they ordain。 The President is also the executor of the laws; but he does not really co…operate in their formation; since the refusal of his assent does not annul them。 He is therefore merely to be considered as the agent of the sovereign power。 But not only does the King of France exercise a portion of the sovereign power; he also contributes to the nomination of the legislature; which exercises the other portion。 He has the privilege of appointing the members of one chamber; and of dissolving the other at his pleasure; whereas the President of the United States has no share in the formation of the legislative body; and cannot dissolve any part of it。 The King has the same right of bringing forward measures as the Chambers; a right which the President does not possess。 The King is represented in each assembly by his ministers; who explain his intentions; support his opinions; and maintain the principles of the Government。 The President and his ministers are alike excluded from Congress; so that his influence and his opinions can only penetrate indirectly into that great body。 The King of France is therefore on an equal footing with the legislature; which can no more act without him than he can without it。 The President exercises an authority inferior to; and depending upon; that of the legislature。
Even in the exercise of the executive power; properly so called … the point upon which his position seems to be most analogous to that of the King of France … the President labors under several causes of inferiority。 The authority of the King; in France; has; in the first place; the advantage of duration over that of the President; and durability is one of the chief elements of strength; nothing is either loved or feared but what is likely to endure。 The President of the United States is a magistrate elected for four years; the King; in France; is an hereditary sovereign。 In the exercise of the executive power the President of the United States is constantly subject to a jealous scrutiny。 He may make; but he cannot conclude; a treaty; he may designate; but he cannot appoint; a public officer。 *q The King of France is absolute within the limits of his authority。 The President of the United States is responsible for his actions; but the person of the King is declared inviolable by the French Charter。 *r
'Footnote q: The Constitution had left it doubtful whether the President was obliged to consult the Senate in the removal as well as in the appointment of Federal officers。 〃The Federalist〃 (No。 77) seemed to establish the affirmative; but in 1789 Congress formally decided that; as the President was responsible for his actions; he ought not to be forced to employ agents who had forfeited his esteem。 See Kent's 〃Commentaries; vol。 i。 p。 289。' 'Footnote r: 'This comparison applied to the Constitutional King of France and to the powers he held under the Charter of 1830; till the overthrow of the monarchy in 1848。 … Translator's Note。''
Nevertheless; the supremacy of public opinion is no less above the head of the one than of the other。 This power is less definite; less evident; and less sanctioned by the laws in France than in America; but in fact it exists。 In America; it acts by elections and decrees; in France it proceeds by revolutions; but notwithstanding the different constitutions of these two countries; public opinion is the predominant authority in both of them。 The fundamental principle of legislation … a principle essentially republican … is the same in both countries; although its consequences may be different; and its results more or less extensive。 Whence I am led to conclude that France with its King is nearer akin to a republic than the Union with its President is to a monarchy。
In what I have been saying I have only touched upon the main points of distinction; and if I could have entered into details; the contrast would have been rendered still more striking。 I have remarked that the authority of the President in the United States is only exercised within the limits of a partial sovereignty; whilst that of the King in France is undivided。 I might have gone on to show that the power of the King's government in France exceeds its natural limits; however extensive they may be; and penetrates in a thousand different ways into the administration of private interests。 Amongst the examples of this influence may be quoted that which results from the great number of public functionaries; who all derive their appointments from the Government。 This number now exceeds all previous limits; it amounts to 138;000 *s nominations; each of which may be considered as an element of power。 The President of the United States has not the exclusive right of making any public appointments; and their whole number scarcely exceeds 12;000。 *t
'Footnote s: The sums annually paid by the State to these officers amount to 200;000;000 fr。 (40;000;000)。'
'Footnote t: This number is extracted from the 〃National Calendar〃 for 1833。 The 〃National Calendar〃 is an American almanac which contains the names of all the Federal officers。 It results from this comparison that the King of France has eleven times as many places at his disposal as the President; although the population of France is not much more than double that of the Union。
'I have not the means of ascertaining the number of appointments now at the disposal of the President of the United States; but his patronage and the abuse of it have largely increased since 1833。 … Translator's Note; 1875。''
Accidental Causes Which May Increase The Influence Of The Executive Government
External security of the Union … Army of six thousand men … Few ships … The Preside