What is the difference between taft and roosevelt




















Steel, whose actions caused more harm: Roosevelt by making an informal agreement, or Taft by violating that agreement? Whose approach to the U.

Can you think of an example of another president or world leader whose approach to leadership is similar to either Roosevelt or Taft? Discussion Questions 1. How did Roosevelt and Taft each negotiate the line between law and ethics?

Roosevelt differed with Taft on progressivism and people who were important to Taft. Roosevelt tried to block re-nomination of Taft but failed. Taft was in favor of an independent judiciary which was opposed by TR. There was a schism among the Republicans with Taft being more conservative than Roosevelt who represented the progressive Republicans.

Taft was in favor of lower tariffs while TR wanted higher tariffs. Roosevelt was in favor of a national income tax, but Taft did not like the idea. It was the rift between Roosevelt and Taft that led to a schism in the Republican Party.

This led to the victory of the Democrat Wilson in the Presidential election. What is the Difference Between Taft and Roosevelt? It is impossible to read that instrument, without being struck with the loose and unguarded terms in which the powers and duties of the President are pointed out. So far as the legislature is concerned, the limitations of the Constitution, are, perhaps, as precise and strict as they could safely have been made; but in regard to the Executive, the Convention appears to have studiously selected such loose and general expressions, as would enable the President, by implication and construction either to neglect his duties or to enlarge his powers.

We have heard it gravely asserted in Congress that whatever power is neither legislative nor judiciary, is of course executive, and, as such, belongs to the President under the Constitution. How far a majority of that body would have sustained a doctrine so monstrous, and so utterly at war with the whole genius of our government, it is impossible to say, but this, at least, we know, that it met with no rebuke from those who supported the particular act of Executive power, in defense of which it was urged.

Be this as it may, it is a reproach to the Constitution that the Executive trust is so ill-defined, as to leave any plausible pretense even to the insane zeal of party devotion, for attributing to the President of the United States the powers of a despot; powers which are wholly unknown in any limited monarchy in the world. The view that he takes as a result of the loose language defining the Executive powers seems exaggerated. But one must agree with him in his condemnation of the view of the Executive power which he says was advanced in Congress.

In recent years there has been put forward a similar view by executive officials and to some extent acted on. Men who are not such strict constructionists of the Constitution as Mr. Upshur may well feel real concern if such views are to receive the general acquiescence. Garfield, when Secretary of the Interior, under Mr. Roosevelt, in his final report to Congress in reference to the power of the Executive over the public domain, said: Full power under the Constitution was vested in the Executive Branch of the Government and the extent to which that power may be exercised is governed wholly by the discretion of the Executive unless any specific act has been prohibited either by the Constitution or by legislation.

In pursuance of this principle, Mr. Garfield, under an act for the reclamation of arid land by irrigation, which authorized him to make contracts for irrigation works and incur liability equal to the amount on deposit in the Reclamation Fund, made contracts with associations of settlers by which it was agreed that if these settlers would advance money and work, they might receive certificates from the government engineers of the labor and money furnished by them, and that such certificates might be received in the future in the discharge of their legal obligations to the government for water rent and other things under the statute.

It became necessary for the succeeding administration to pass on the validity of these government certificates. They were held by Attorney-General Wickersham to be illegal, on the ground that no authority existed for their issuance. My judgment is that the view of Mr.

Garfield and Mr. Roosevelt, ascribing an undefined residuum of power to the President is an unsafe doctrine and that it might lead under emergencies to results of an arbitrary character, doing irremediable injustice to private right. The mainspring of such a view is that the Executive is charged with responsibility for the welfare of all the people in a general way, that he is to play the part of a Universal Providence and set all things right, and that anything that in his judgment will help the people he ought to do, unless he is expressly forbidden not to do it.

The wide field of action that this would give to the Executive one can hardly limit. Some of our Presidents have deliberately held themselves off from using the full power they might legitimately have used, because of conscientious scruples, because they were more theorists than statesmen.

They have held the strict literary theory of the Constitution, the Whig theory, the Newtonian theory, and have acted as if they thought that Pennsylvania Avenue should have been even longer that it is; that there should be no intimate communication of any kind between the Capitol and the White House; that the President as a man was no more at liberty to lead the houses of Congress by persuasion than he was at liberty as President to dominate them by authority, — supposing that he had, what he has not, authority enough to dominate them.

But the makers of the Constitution were not enacting Whig theory, they were not making laws with the expectation that, not the laws themselves, but their opinions, known by future historians to lie back of them, should govern the constitutional action of the country. They were statesmen, no pedants, and their laws are sufficient to keep us to the paths they set us upon.

The President is at liberty, both in law and conscience, to be as big a man as he can. His capacity will set the limit; and if Congress be overborne by him, it will be no fault of the makers of the Constitution, — it will be from no lack of constitutional powers on its part, but only because the President has the nation behind him, and Congress has not.

He has no means of compelling Congress except through public opinion. That I say he has no means of compelling Congress will show what I mean, and that my meaning has no touch of radicalism or iconoclasm in it.

There are illegitimate means by which the President may influence the action of Congress. He may bargain with members, not only with regard to appointments, but also with regard to legislative measures.

He may use his local patronage to assist members to get or retain their seats. He may interpose his powerful influence, in one covert way or another, in contests for places in the Senate. He may also overbear Congress by arbitrary acts which ignore the laws of virtually override them. He may even substitute his own orders for acts of Congress which he wants but cannot get. Such things are not only deeply immoral, they are destructive of the fundamental understandings of constitutional government and, therefore, of constitutional government itself.

They are sure, moreover, in a country of free public opinion, to bring their own punishment, to destroy both the fame and the power of the man who dares to practice them. Nothing in a system like ours can be constitutional which is immoral or which touches the good faith of those who have sworn to obey the fundamental law.

The reprobation of all good men will always overwhelm such influences with shame and failure. But the personal force of the President is perfectly constitutional to any extent to which he chooses to exercise it, and it is by the clear logic of our constitutional practice that he has become alike the leader of his party and the leader of the nation.



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