By the third article, 2d section, there is an extensive federal power as above-mentioned.
By the 2d article, 2d section, the president “shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.”
From these powers lodged in Congress and the powers vested in the states, it is clear that there must be a government within a government, two legislative, executive and judicial powers. The power of raising an army in time of peace, and to command the militia, will give the president ample means to enforce the Supreme laws of the land.
xxiii, sec. 21; xxiv, sec. 21; xxv, sec. 21; xxvi, sec. 21; xxvii, sec. 21; xxviii, sec. 21; xxix, sec. 21; xxx, sec. 21; xxxi, sec. 2; xxxii, xxxiii, xxxiv.
The 32d paragraph orders, “That a court shall be instituted for the trial of impeachments and the correction of errors under the regulations which shall be established by the legislature, and to consist of the president of the senate for the time being, and the senators, chancellors and judges of the supreme court.”
The 33d vests the power of impeaching all officers of the state for mal and corrupt practice in the representatives of the people in assembly.
The 34th allows the parties impeached or indicted for crimes and misdemeanors to have counsel.
This system is undermined and rendered nugatory by 1st art., 6th and 7th clauses, where the senate in the new constitution, have the trial and judgment on all impeachments.
By 3d art., 2d sec, 3d clause, the trial of all crimes is regulated.
By the 3d art., 3d sec., it is defined what shall be treason, the proof required, the punishment, and how the judgment in attainder shall operate.