The Constitution provides that in case the President is removed by impeachment, death, resignation, or inability, his duties shall devolve upon the Vice President. In 1886 the Presidential Succession Act provided that in case of the inability of both President and Vice President the Cabinet officers shall succeed in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, and Secretary of the Interior. No Cabinet officer has ever succeeded to the Presidency, but Presidents Tyler, Fillmore, Johnson, Arthur, and Roosevelt were formerly Vice Presidents who ascended to the Presidency because of the death of the chief executive.
514. THE VICE PRESIDENT.—The Vice President of the United States is elected in the same manner and by the same electors as the President, with this exception: The failure of any Vice-Presidential candidate to receive a majority of the electoral votes permits the Vice President to be chosen by the Senate from the two candidates receiving the highest number of electoral votes. The qualifications for the Vice President are the same as for the President. The Vice Presidents salary is $12,000 a year.
Aside from the fact that he may succeed the President there is little to be said about the Vice President. He presides over the Senate, but he is not a member of that body. He can neither appoint committees, nor even vote, except in case of a tie. Vice Presidents have generally exerted little influence upon national affairs. During President Wilson's second term, neither the President's extended absence in Europe, nor his serious illness at home, operated to increase the influence of the Vice President. Under President Harding's administration, however, Vice President Coolidge was accorded considerable recognition, including the privilege of sitting in the President's Cabinet meetings.
B. DUTIES AND POWERS OP THE PRESIDENT
515. GENERAL STATUS OF THE PRESIDENT—The President of the United States acts as the head of the executive branch of government. Since the executive is independent of the other two branches, the President is subject to the control of neither legislature nor judiciary. The President cannot be arrested for any cause whatsoever. No ordinary court has jurisdiction over the Chief Magistrate, though misconduct may result in his being impeached by the Senate of the United States.
The President enjoys extensive powers, some of which are enumerated in the Constitution, [Footnote: Article II] and others of which he has acquired by the force of custom. These powers are divisible into four groups, which may be discussed in the following order: War powers, powers with reference to foreign affairs, administrative powers, and legislative powers.
516. WAR POWERS OF THE PRESIDENT.—Section II of Article II of the Constitution provides that the President shall be "commander-in-chief of the army and navy of the United States, and of the militia of the several states when called into actual service of the United States." In pursuance of this power the President controls and directs the nation's military and naval forces, and appoints all army and naval officers. [Footnote: In time of war, the President may dismiss these officers at will; in time of peace, however, they are removed by court-martial.] The execution of the military law under which the army and navy are governed is also directed by the President. The President may call out the state militia, when in his judgment such action is necessary in order to suppress insurrection, repel invasion, or enforce the laws. In case of war with foreign countries, the President as commander-in-chief assumes full direction of hostilities.
So long as he acts within the bounds of international law, the President may do anything which he deems necessary to weaken the power of the enemy. In the exercise of this right President Lincoln blockaded the southern ports during the Civil War, suspended the writ of habeas corpus, declared martial law in many districts, and freed the slaves by proclamation. During the World War (1917-1921), the powers of President Wilson were greatly expanded. For the purpose of bringing the struggle with Germany to a successful termination, Congress conferred upon the President large powers of control over food, fuel, shipbuilding, and the export trade. The railway, telegraph, and wireless systems were taken over by the government under the President's war powers.
An important phase of the President's war powers is the constitutional charge to take care that the laws be faithfully executed. Usually the administration of law is a peaceful process, but when the civil authorities are rendered powerless by persons defying Federal law, the President may use his military power to restore order. On three notable occasions the President has enforced the laws by the use or display of military force. In 1794 President Washington called out the militia of four states to suppress the Whiskey Rebellion. During the Civil War, President Lincoln resorted to military force to execute the laws. Again, in 1894, President Cleveland used regular troops to prevent railway strikers in Chicago from interfering with the Federal mails.
517. CONTROL OVER FOREIGN AFFAIRS.—The Constitution vests in the President the power to negotiate treaties and conventions with foreign nations. In practice the President usually acts through the Secretary of State. During the process of negotiation it is customary for the President to consult with the Senate committee on foreign relations, as well as with the leaders of the senatorial majority. Such consultation is a wise step, because no treaty may become law unless ratified by the Senate.