ure is created; that is to say, I understand
the Constitution as saying that "the executive power _herein granted_
shall be vested in a President of the United States."

In like manner, the third article, or that which is intended to arrange
the judicial system, begins by declaring that "the judicial power of the
United States shall be vested in one Supreme Court, and in such inferior
courts as the Congress may, from time to time, ordain and establish."
But these general words do not show _what extent_ of judicial power is
vested in the courts of the United States. All that is left to be done,
and is done, in the following sections, by express and well-guarded
provisions.

I think, therefore, Sir, that very great caution is to be used, and the
ground well considered, before we admit that the President derives any
distinct and specific power from those general words which vest the
executive authority in him. The Constitution itself does not rest
satisfied with these general words. It immediately goes into
particulars, and carefully enumerates the several authorities which the
President shall possess. The very first of the enumerated powers is the
command of the army and navy. This, most certainly, is an executive
power. And why is it particularly set down and expressed, if any power
was intended to be granted under the general words? This would pass, if
any thing would pass, under those words. But enumeration, specification,
particularization, was evidently the design of the framers of the
Constitution, in this as in other parts of it. I do not, therefore,
regard the declaration that the executive power shall be vested in a
President as being any grant at all; any more than the declaration that
the legislative power shall be vested in Congress constitutes, by
itself, a grant of such power. In the one case, as in the other, I think
the object was to describe and denominate the department, which should
hold, respectively, the legislative and the executive authority; very
much as we see, in some of the State constitutions, that the several
articles are headed with the titles "legislative power," "executive
power," "judicial power"; and this entitling of the articles with the
name of the power has never been supposed, of itself, to confer any
authority whatever. It amounts to no more than naming the departments.

If, then, the power of removal be admitted to be an executive power,
still it must be sought for and found amon