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The United States of America has a government of laws and not of men. The Constitution and federal law set the boundaries of what is acceptable conduct, and for this reason... when there is a dispute between the Legislature and the Executive branch over what the law requires about the circumstances under which government officials must act, the Judiciary has the authority, and the responsibility, to decide the issue.
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It has been frequently remarked, that it seems to have been reserved to the people of this country to decide, by their conduct and example, the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.
It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.
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Practically all the civil and military authorities of the government, except the Congress and the courts, hold their office at [the President's] discretion. He appoints, and he can remove. The billions of dollars of government revenue are collected and expended under his direction. The Congress makes the laws, but it is the President who causes them to be executed. A power so vast in its implications has never been conferred upon any ruling sovereign. Yet the President exercises his authority in accordance with the Constitution and the law. He is truly the agent of the people, performing such functions as they have entrusted to him.
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