Channels, Spring 2019

Channels • 2019 • Volume 3 • Number 2 Page 33 operation. It would be an excellent check upon a spirit of favoritism in the president and would tend greatly to prevent the appointment of unfit characters.” 9 Furthermore, Hamilton writes on the treaty-making process in Federalist Paper No. 75 that the role “does not seem strictly to fall within the definition of either legislative or executive.” 10 Moreover, the removal of the legislature would lead to the executive seeking “his own aggrandizement,” while the absence of the executive in the treaty-making process would remove the president’s ability to “enjoy the confidence and respect of foreign powers in the same extent with the constitutional representative of the nation; and, of course, would not be able to act with an equal degree of weight or efficacy.” 11 Here, Hamilton argues that the absence of the Senate would lead to the accumulation of powers and wealth in the executive in treaties, while the absence of the presidency in treaty- making would result in the loss of the president’s ability to serve effectively as the representative of the nation. Another facet of presidential power is found in the president’s role as the commander in chief of the United States’ military. Specifically discussing the role of the president as commander in chief, Hamilton writes in Federalist Paper No. 74 “the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand.” 12 Furthermore on the executive, Hamilton argues for a more “energetic executive,” in that it would secure the liberties of the people. Hamilton writes the following in Federalist Paper No. 70 : It is essential to the protection of the community against foreign attacks: it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy. Hamilton characterizes this energetic executive with these ingredients: “unity; duration; an adequate provision for its support; competent powers.” 13 And, Hamilton argues that unity will be best achieved by entrusting the executive in a single hand, one that can better accomplish the executive responsibilities with “decision, activity, secrecy, and [dispatch].” 14 The execution of the military and war powers, however, is not discussed further, nor is it clearly limited in the Constitution, except for the fact that the legislature retains the ability to declare war and authorize the actions of the president in certain circumstances, whether that be financially support the war, or by declaration impose restrictions or limitations on the president’s war powers. The president retains the role of commander in chief of the U.S. military and is entrusted to prosecute the war, holding the role of “command and direction” of the military forces. 15 The Legislature The legislature serves as an important check on the executive branch in a number of capacities. The Senate retains the sole authority to either approve or reject ambassador appointments, cabinet- level appointments such as United Nations’ Ambassador or Secretary of State, as well as treaty 9 Hamilton, Alexander. Federalist Paper No. 76. 10 Hamilton, Alexander. Federalist Paper No. 75 . 11 Ibid. 12 Hamilton, Alexander. Federalist Paper No. 74. 13 Hamilton, Alexander. Federalist Paper No. 70 . 14 Ibid. 15 Hamilton, Alexander. Federalist Paper No. 69 .