Federalist No. 77: The Appointing Power Continued and Other Powers of the Executive Considered

Overview

• Written by Alexander Hamilton
• Published in The New York Packet on April 4, 1788
• Addressed to the People of the State of New York
• Discusses the role of the Senate in appointments and other executive powers

Key Points

Cooperation of the Senate in Appointments

• Stability in Administration

  • Senate's consent required for both appointments and removals
  • Prevents drastic changes with new presidents
  • Ensures continuity and stability by linking officials with Senate approval

• Influence and Power Dynamics

  • Concerns about the Senate having undue influence over the president and vice versa
  • The president's power is limited to nominations, needing Senate's approval
  • This structure prevents the establishment of a "dangerous empire" by the president

Comparison with State Systems

• State Constitution vs Proposed Plan

  • In New York, appointments are made by a council including the governor
  • Lack of transparency and potential for intrigue and favoritism
  • The federal plan offers clearer responsibility and accountability

• Council of Appointment

  • Small, private, and less transparent
  • Potential for cabal and bargaining for positions
  • Proposed federal plan discourages such practices

Uniting House of Representatives in Appointments

• Arguments Against
  • House is too large and fluctuating for this power
  • Would undermine stability of both executive and Senate
  • Delays and complications would ensue

Executive Powers Beyond Appointments

• Informing Congress and Other Duties

  • State of the Union reports
  • Recommending measures, convening and adjourning Congress
  • Receiving ambassadors and executing laws

• Minimal Objections

  • Powers are generally accepted
  • Senate convening is justified for treaty matters

Conclusion

• Energy and Safety in Executive Power

  • Combines energy and republican principles
  • Ensures dependence on the people and accountability

• Checks on Executive Power

  • President is elected every four years and subject to impeachment
  • Plans ensure control over potential executive abuses