would appear to be the better practice to wait to decide each question on its merits as it arises. Jefferson is said to have entertained the opinion that there was no constitutional warrant for enlarging the territory of the United States, but when the actual facts confronted him he did not hesitate to negotiate the Louisiana Purchase. For all ordinary occasions the specific powers assigned to the President will be found sufficient to provide for the welfare of the country. That is all he needs.
All situations that arise are likely to be simplified, and many of them completely solved, by an application of the Constitution and the law. If what they require to be done, is done, there is no opportunity for criticism, and it would be seldom that anything better could be devised. A Commission once came to me with a proposal for adopting rules to regulate the conduct of its members. As they were evenly divided, each side wished me to decide against the other. They did this because, while it is always the nature of a Commissioner to claim that he is entirely independent of the President, he would usually welcome Presidential interference with any other Com-
