Sec. 3.-Miscellaneous Powers and Duties. The discretionary powers of the President are beyond judicial control. Mississippi v. Johnson, 4 Wall, 500. Gaines v. Thompson, 7 Wall. 353. In re Kaine, 14 How. 119. Prize Cases, 2 Black 635. Bartlett v. Kane, 16 How. 272. Board of Liquidation v. McComb, 92 U. S. 531. Craig v. Leitensdorfer, 123 U. S. 189. Chinese Exclusion Case, 130 U. S. 602. Keim v. U. S., 177 U. S. 290. Georgia v. Stanton, 6 Wall. 50. In re Baiz, 135 U. S. 403. On the question of whether or not the President is subject to legal process, Chief Justice Marshall said in Burr's trial (vol. 1, p. 182): That the President of the United States may be subpoenaed and examined as a witness and required to produce any paper in his possession is not controverted. The President, although subject to the general rules which apply to others, may have sufficient motives for declining to produce a particular paper, and those motives may be such as to restrain the court from enforcing its production. The guard furnished to this high officer to protect him from being harassed by vexatious and unnecessary subpoenas is to be looked for in the conduct of the court after these subpoenas have been issued, not in any circumstances which is to precede their being issued *. The court can conceive no objection to a subpœna duces tecum to any person whatever, provided the case be such as to justify the process. * The executive power is vested in a President; and so far as his powers are derived from the Constitution, he is beyond the reach of any other department, except in the mode prescribed by the Constitution through the impeaching power. Kendall v. U. S., 12 Pet. 610. Mississippi v. Johnson, 4 Wall. 483. Section 4.-IMPEACHMENTS. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. In Article I, section 2, clause 5, of the Constitution, it is provided that "The House of Representatives shall have the sole power of impeachment," and in Article I, section 3, clause 6, it is provided that "The Senate shall have the sole power to try all impeachments *. When the President of the United States is tried, the Chief Justice shall preside." This section does not prevent the removal of such officers for other causes deemed sufficient by the President. Shurtleff v. U. S., 189 U. S. 311. A Member of Congress is not an officer of the Government within the meaning of this section. 17 Op. Atty. Gen. 419. ARTICLE III-JUDICIAL DEPARTMENT. Section 1.-DISTRIBUTION OF JUDICIAL POWER-JUDGES. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Leading Cases Constitutional Grant of Jurisdiction Osborn v. Bank, 9 Wheat. 738. Pacific Railroad Removal Cases, 115 U. S. 1. Bock v. Perkins, 139 U. S. 628. Bors v. Preston, 111 U. S. 252. Waring v. Clarke, 5 How. 441. Genesee Chief v. Fitzhugh, 12 How. 443. The Steamboat Magnolia, 20 How. 296. Ex parte Boyer, 109 U. S. 629. Manchester v. Massachusetts, 139 U. S. 240. The Moses Taylor, 4 Wall. 411. Leon v. Galceran, 11 Wall. 185. Stanley v. Schwalby, 162 U. S. 255. U. S. v. Texas, 143 U. S. 621. Ames v. Kansas, 111 U. S. 449. Wisconsin v. Pelican Ins. Co., 127 U. S. 265. Hans v. Louisiana, 134 U. S. 1. South Dakota v. North Carolina, 192 U. S. 286. U. S. v. Lee, 106 U. S. 196. Cunningham v. Macon, etc., R. Co., 109 U. S. 446. Ohio, etc., R. Co. v. Wheeler, 1 Black 286. St. Louis, etc., R. Co. v. James, 161 U. S. 545. Exercise of Jurisdiction Osborn v. Bank, 9 Wheat. 738. U. S. v. Texas, 143 U. S. 621. Ames v. Kansas, 111 U. S. 449. Wisconsin v. Pelican Ins. Co., 127 U. S. 265. Ex parte Vallandigham, 1 Wall. 243. Martin v. Hunter, 1 Wheat. 304. Marbury v. Madison, 1 Cranch 137. Gaines v. Fuentes, 92 U. S. 10. Tennessee v. Davis, 100 U. S. 257. Security Mut. Life Ins. Co. v. Prewitt, 202 U. S. 246. Sec. 1.-Distribution of Judicial Power-In General. The Law Administered Green v. Neal, 6 Pet. 291. Swift v. Tyson, 16 Pet. 1. Pana v. Bowler, 107 U. S. 529. Gelpcke v. Dubuque, 1 Wall. 175. Burgess v. Seligman, 107 U. S. 20. Bucher v. Cheshire R. Co., 125 U. S. 555. Smith v. Alabama, 124 U. S. 465. The Power in General The object of this section was to provide for the establishment of a judiciary of the United States as a department of the Government, independent in its own sphere, and having no authority to encroach on the powers granted to the other departments. The declaration in the Constitution that judicial power shall be vested in certain courts is equivalent to a provision that no judicial power is vested in Congress, except in the cases specifically enumerated. On the other hand, neither the executive department nor the legislative department can be restricted by the judicial, though the acts of both, when performed, are in proper cases subject to its cognizance. The judiciary can only inquire whether the means devised by Congress, in the execution of a power, are forbidden by the Constitution; the courts can not inquire, of their own motion, as to the validity of action taken by the other departments in the exercise of their powers; the question must arise in a case involving the rights of actual litigants. Chisholm v. Georgia, 2 Dall. 432. I. C. C. v. Brimson, 154 U. S. 447. See also Osborn v. Bank, 9 Wheat. 819. Mississippi v. Johnson, 4 Wall. 500. Veazie Bank v. Fenno, 8 Wall. 548. Georgia v. Stanton, 6 Wall. 50. Loan Asso. v. Topeka, 20 Wall. 669. Board of Liquidation v. McComb, 92 U. S. 541. Craig v. Leitensdorfer, 123 U. S. 211. U. S. v. Bashaw, 152 U. S. 443. Keim v. U. S. 177 U. S. 292. Every trial involves the exercise of judicial power, judicial power being that power with which courts are clothed for the purpose of the trial and determination of causes, the power to hear and determine the subject matter in controversy between the parties to a suit and render a judgment or decree. It is not sufficient to bring a matter under the judicial power that it involves the exercise of judgment upon law and facts; e. g., matters submitted to commissioners or heads of departments for |