Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1832-10-18

ture has an undoubted rig ht in the eXer-
else of its functions, TO consider the con-
stitutionali'y of IA law proposed to be pas
sed. This is naturally part of lis du-
ty, and neither branch can be compelled
to pass any law, or do any other act,
which it, deems to be beyond the reach
, of its constitutional power. The Presi-
dent has the same right when bill is
presented for his approval; for he is,
doubtless, bound To consider, in all ca
ses, whether such bill be compatible with
the constitution, and whether he can ap-
prove it consistently with his oath of Of
flee. But when law has been passed
by Congress, and approved by the Pre-
sident, 1t is now no longer in the power,
either Of the same President, or his sue,
cessors, to say whether the law is consti-
tuional or not. lie is not at liberty to
disregard it,; he is not at Liberty to feel
or affect unconstitutional scruples," and
TO sit in judgment himself Oh the validity
Of statute CT the Government, and to-
nullily it if he so chooses. After a law,
has passed through all the requisite,
forms; after it has received The requisite
legislative sanction and the executive ap-.
proval, the question Of its constltutionall-I
ty then becomes Il Judicial question, and
n judicial question alone. In the Courts,
that question may be raised, argued, and
adjudged; it can be adJudged no where
else.
! The President is as much bound by
the law as any private citizen, and can
no more contest its validity than any pri-
vate citizen. He may refuse to obey
the law, and so may Il private citizen;
but both do it at their own peril, and
neither of them can settle the question
Of its validity. The President may say,
law is Unconstitutional, but he is not
the Judge. Who is TO decide that ques-
tion' The Judiciary, alone, possess this
unquestionable, and hitherto unquestion-,
{, eG, right. The Judn.iary rs the cOnstl-
tutional tribunal of appeal, for the citi-
: zcns, against both Congress and the
, Executive, in regard to the constitution
ality Of laws 1t has this jurisdiction ex-
pressly conferred upon it, and when it
has decided the question, It's judgment
, must, from the very nature OF all judy
+ ments tha: are final, and from which
there is no appeal, be conclusive. Hith-
f erto, this opinion, and correspondent
practice, have prevailed in America,
with all wise and consderate men. If
, it were otherwise, there would be no
+ government Of laws; but We should all
q live under the government, the rule, the
caprices Of individuals. If we depart
: from the observance of these saiutary
principles, the executive power becomes
. at once purelj dcspotic; for the Presi-
# dent, if the principle and the reasoning
Of the message be sound, may either ex-
ecute, or not execute, the laws of the
. land, according to his sovereign plea
sure. lie may refuse to put into eXecu-
- ton one law, pronounced valid by all the
- branches of the Government, and ye
4 execute another, which may have been
, by constitutional authority; pronounced
:, void. On the argument of the message
l. the President Of the United States holds
;s under a new pretence, dispensing pow
4 e. over the laws, as absolute as was
y claimed by James the Second of Eng
: land, month before he was compelled
- - to fly the Kingdom That which is nov
{. claimed for the President is, in truth
r. nothing less, and nothing else, than th
n old dispensing power asserted by tn
,d Kings OF England III the worst OF times
y the very climax, indeed, of all the pre-
n posterous pretensions OF the Tudor an
~ Stuart races.
40 According to the doctrines put forth b.
~ the President, although congress ma
= have passed law, and although the Su
preme court may have pronounced 1t con
stitutional, yet it is, nevertheless, no la'
ne at all, if he, in his good pleasure, secs i
Is to deny its effect; in other words, to re
1d peal and annul it. Sir, no Presdenl
ih and no public man, ever before ad
'n vanced such doctrines in the face OF tn
II nation. There never was before a INC
u ment i'm which any President would hav
he been tolerated in asserting such claiI
lly to despotic power. After Congress hs
= passed the law, and the Supreme Cou
g has pronounced It's judgment on the vel
ch point IN controversy, the President hi
'er set up his own private judgment again
or its constitutional Interpretation. 1t is
30 be remembered, sir, that it is the prese
re- law, it is the act of 1916, it is the pr
ial sent charter of the bank, which the Pr
ly, sident pronounces to be unconstitutiona
W 1t is no bank 10 be creaied, it is no la
'le proposed to be passed, which he denou
ed ces; It is the lap now erisi,ng, passed !
be Congress, approved by President Mad
II son, and sanctioned by a solemn JUDI
ION ment Of the Supreme Court, which
to now declares unconstitutional, and whle
'e- of course, so far as as it may depend
en him, cannot be executed. IL these OPT
tu- ions of the President be maintaine