itations of the
Constitution itself.

They did not intend, certainly, a sweeping gift of prerogative. They did
not intend to grant to the President whatever might be construed, or
supposed, or imagined to be executive power; and the proof that they
meant no such thing is, that, immediately after using these general
words, they proceed specifically to enumerate his several distinct and
particular authorities; to fix and define them; to give the Senate an
essential control over the exercise of some of them, and to leave others
uncontrolled. By the executive power conferred on the President, the
Constitution means no more than that portion which itself creates, and
which it qualifies, limits, and circumscribes.

A general survey of the frame of the Constitution will satisfy us of
this. That instrument goes all along upon the idea of dividing the
powers of government, so far as practicable, into three great
departments. It describes the powers and duties of these departments in
an article allotted to each. As first in importance and dignity, it
begins with the legislative department. The first article of the
Constitution, therefore, commences with the declaration, that "all
legislative power herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of
Representatives," The article goes on to prescribe the manner in which
Congress is to be constituted and organized, _and then proceeds to
enumerate, specifically, the powers intended to be granted_; and adds
the general clause, conferring such authority as may be necessary to
carry granted powers into effect. Now, Sir, no man doubts that this is a
limited legislature; that it possesses no powers but such as are granted
by express words or necessary implication; and that it would be quite
preposterous to insist that Congress possesses any particular
legislative power, merely because it is, in its nature, a legislative
body, if no grant can be found for it in the Constitution itself.

Then comes, Sir, the second article, creating an executive power; and it
declares, that "the executive power shall be vested in a President of
the United States." After providing for the mode of choosing him, it
immediately proceeds to enumerate, specifically, the powers which he
shall possess and exercise, and the duties which he shall perform. I
consider the language of this article, therefore, precisely analogous to
that in which the legislat