While the power to conclude treaties seems to be without restriction, it is implied that no treaty shall in any way interfere with the authority of the Constitution. The usual steps in the negotiation of treaties are as follows: (1) In time of peace they are conducted at the capital of the nation that begins the negotiation. If this is in Washington, the terms are considered by the Secretary of State and the minister of the other nation; if in a foreign capital, our minister acts under instructions sent him by the Secretary of State. At times, one or more special ministers are sent abroad for the purpose of negotiating a treaty. (2) In time of war, the minister of the nation with which we are at war leaves the United States. The interests of his nation are then intrusted to the minister of some neutral power, and through this minister negotiations for peace are usually begun. (3) The treaty of peace at the close of a war is generally negotiated in some neutral country by special commissioners appointed by the nations at war.
In all cases, the President exercises general control over the negotiation and framing of treaties. After an agreement has been reached, the treaty is sent to the Senate. It is discussed in executive or secret session. This means that the treaty and all matters pertaining to it are kept secret until, by a resolution, the Senate allows the discussion to be made public. The Senate may approve, reject, or modify the terms. If amendments are made, they must be agreed to by the President and by the other nation interested. When a treaty has been finally approved by the officials of both countries, duplicate copies of it are made on parchment. Both of these copies are signed by the chief officers of each country, and the copies are then exchanged. This is called the "exchange of ratification." An official copy of the treaty is thus secured by each nation. The President then publishes the treaty accompanied by a proclamation, in which it is declared to be a part of the law of the land.
If the terms of a treaty call for the payment of money by the United States, the necessary amount can be appropriated only by an Act of Congress. The House of Representatives may refuse to give its sanction to such an appropriation, and may thus prevent the treaty going into effect.
Power of Appointment.—When it is considered that the President has the nominal power of appointing over 150,000 persons to office, we can readily see that this comprises one of his chief powers. His right to select office-holders is granted in Section 2, Clause 2. He shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments.
Vacancies.—Section 2, Clause 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
Presidential Appointments.—It would be quite impossible for the President, personally, to oversee all of these appointments, and so a large percentage of them is made by officials in the different departments. There are, besides the ambassadors, consuls, and judges of the Supreme Court, some 7000 so-called Presidential officers, whose appointments must receive the sanction of the Senate. More than one-half of these are postmasters of the first class[[47]]. Among the most important of these officers are the Cabinet, interstate commerce commissioners, district attorneys, and all military and naval officers whose appointment is not otherwise ordered by law.
Official Patronage.—In making his appointments the President is largely dependent upon the advice of the head of that department under whose direction the officer will come, or upon the recommendation of the representatives and senators of his party from the State in which the office is located. This official patronage, through which political assistants in a State may be rewarded with a Federal office, has become so burdensome that many Congressmen complain of it and desire to be freed from its exactions.
Senatorial Courtesy.—There has grown up an almost invariable custom, known as senatorial courtesy. This demands that if the office to be filled is located in a State, the appointment be not confirmed unless it receives the sanction of one or both of the senators of the State concerned, provided they are members of the same political party as the President.
Action of the Senate on Nominations.—All of the nominations sent by the President to the Senate are submitted to appropriate committees, as, postmasters to the Post Office Committee, ambassadors to the Committee on Foreign Affairs. The report of the committee is considered in secret session, and the nomination is then voted on. If the vote is adverse, the President must make another nomination.
The Spoils System.—During the first forty years of our government there were only seventy-four removals from office. The opinion was general that there were a large number of strictly non-political offices in the departments and elsewhere, the holders of which should be regarded as agents or clerks whose duty it was to assist in carrying on the business of government. Therefore the best results could be secured, it was believed, only as these positions should be filled by persons the most competent, who might hope to retain the office so long as they gave efficient service. But with the coming in of President Jackson the "spoils system" was introduced. This system, in practice, provides that political workers belonging to a victorious party may, as far as possible, receive reward for their services in the shape of some office. "To the victors belong the spoils of the enemy" is the familiar motto of those who have advocated this system. During the first year of President Jackson's administration 2000 officials were deprived of their offices, and friends of the administration were put in their positions. From that time there has been great pressure on every new President similarly to reward his followers.