By  the  oonstitation,  *Hhe  executive  power  is
vested  in  a  President  of  the  United  Statea"
Among  the  duties  imposed  upon  him,  and  which  he
is  sworn  to  perform,  is  that  of  **  taking  care  that
the  laws  be  fidthfuUy  executed."  Being  thus  made
responsible  for  the  entire  action  of  the  executive
department,  it  was  but  reasonable  that  the  power
of  appointing,  overseeing,  and  controlling  those  who
execute  the  uiws — a  power  in  its  nature  executive —
should  renuun  in  his  hands.  It  is,  therefore,  not
o&iy  his  right,  but  the  constitution  makes  it  his
duty,  to  **  nominate,  and  by  and  with  the  advice  and
consent  of  the  Senate  appoint,"  all  **  officers  of  the
Ignited  Slates  whose  appointments  are  not  in  the
constitution  otherwise  provided  for,"  with  a  proviso
that  tlM  appointment  of  inferior  officers  may  be
Tested  in  the  President  alone,  in  the  courts  of  Jus-
tice, or  m  the  heads  of  depardnents.
fbe  execuUve  power  vested  in  the  Senate,  is
"either  that  of  '^nomhiating"  nor  **  appointing."
It  is  merdy  a  check  upon  the  Executive  power  of
appointment.  If  individuals  proposed  for  appoint-
aem  by  the  President,  are  by  them  deemed  incom-
|>etent  or  unwof^y,  they  may  withhold  their  con-
Mot,  and  the  appointment  cannot  be  made.  They
check  the  action  of  the  Executive,  but  cannot,  in
^iation  to  those  very  subjects,  act  themselves,  nor
d^  him.  Selections  are  still  made  by  the  Presi-
dent, and  the  negative  given  to  the  Senate,  without
<^>auu8hhig  his  responsibility,  fumishes  an  addition-
^  guarantee  to  the  country  that  the  subordinate
necodve,  as  well  as  the  judicial  offices,  shall  be
^^  with  worthy  and  competent  men.
