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CONSTITUTION OF THE U. STATES.
[BOOK III.
senate over the president would by this means become dangerous, if not irresistible.
[1] There is more plausibility in this suggestion; but it proceeds upon unsatisfactory reasoning. It is certain, that the senate cannot, by their refusal to confirm the nominations of the president, prevent him from the proper discharge of his duty. The most, that can be suggested, is, that they may induce him to yield to their favourites, instead of his own, by resisting his nominations. But if this should happen in a few rare instances, it is obvious, that his means of influence would ordinarily form a counter check. The power, which can originate the disposal of honours and emoluments, is more likely to attract, than to be attracted by the power, which can merely obstruct their course.
[2] But in truth, in every system of government there are possible dangers, and real difficulties; and to provide for the suppression of all influence of one department, in regard to another, would be as visionary, as to provide, that human passions and feelings should never influence public measures. The most, that can be done, is to provide checks, and public responsibility. The plan of the constitution
- ↑ A practical question of sonic importance arose soon after the constitution was adopted, in regard to the appointment of foreign ministers; whether the power of the senate over the appointment gave that body a right to inquire into the policy of making any such appointment, or instituting any mission; or whether their power was confined to the consideration of the mere fitness of the person nominated for the office. If the former were the true interpretation of the senatorial authority, then they would have a right to inquire into the motives, which should induce the president to create such a diplomatic mission. It was after debate decided by a small majority of the senate, in 1792, that they had no right to enter upon the consideration of the policy, or fitness of the mission. 5 Marshall's Life of Washington, ch. 5, p. 370, note. But the senate have on several occasions since that time decided the other way; and particularly in regard to missions to Russia and Turkey.
- ↑ The Federalist, No. 77.
