An Attempt to Limit Presidentil Power

A One-Vote Oddity

The founders of the country and the writers of the Constitution knew first hand that government can be burdensome and corrupt—because they understood the nature of man. Therefore they built into our system of government a delicate and purposeful set of checks and balances to the various functions of government (Legislative, Executive and Judicial).
Inevitably, those balances would be challenged by the changing situation of the country and the malleable personalities of those in office. Such was the case in 1789.

The Constitution was clear. The President could make certain appointments after the senate had given “advise and consent.” But could the President dismiss appointees without the “advise and consent?” The Constitution was silent. Many in the Congress greatly feared Presidential power—executive privilege. Some senators feared that if the President had the ability to dismiss those that they (the Senate) had approved, that a future President with less character than Washington might abusively fire those appointees who turned out not to agree with him. Madison opposed them.

James Madison of Virginia claimed that if the Founding Fathers (of whom he was one) had intended to give this power to the Senate, they would have expressly included it in the Constitution. But since they did not do this, the right of removal was part of the general grant of power to the executive … Moreover, Madison argued, the President had the responsibility for the administration of the executive branch, and if he could not dismiss the head of a department without the Senate’s approval, the President would be “no longer answerable” for what might occur in the branch of government he headed.59

When the issue came to a vote in the Senate, it deadlocked at 10-10. The vice president cast his vote breaking the tie and the measure went down to defeat. Actaully, any measure ending in a tie in the Senate is automatically defeated. If a single vote had changed, the measure would have passed 11-9.

Pick men and women for office who know how to think well. They may be casting votes that last for decades--or longer.

Footnotes
59. Lindop, 14.