The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-05-31

! coNsTITUTIoNAL RIGHTS AND DUTIES.
! We copy the following sound and sensible
article Sn this important subject feom the Ma
tional Intelligencer of the 2sth May; and
commend it to the candid and careful perusal
Of all parties. 1t appeared as comInunica-
ton. We think we can recognize the hand
OF its author, who, if We mistake not was once
a Supporter Of the late administration.
CONSTITUTIONAL RIGHTS AND DUTIES
Tho Constitution, which defines the powers OF the
Executive. says, He shalt from time 10 time give to
Congress information OF the state Of the Union, aud
commend to their consideration such he shs
Judge necessary and expedient" Here the power Of
the Executive ends and here such cases the powers
OF the Legislative branch Of the Government begin
and all that follows, TO the final action upon
such measures, is The exclusive, independent power
OF Congress, until the period arrives when the
sanction or veto Of the Executive may be re-
CURED to consummate the act. Is this the practical
operation Of these departments Of the Government al
this time Far otherwise. The President not only
recommends his measures TO Congress, but, in viola
ton Of his prescribed and limited powers, he steps
beyo tho bounds Of the Constitution and with all the
influence incidental 10 his station, and all the means,
direct and direct that he wied striving TO force
into legal existence his most obviously against
the predisposing inclnatons Of Congress and the de-
cared opposition Of the people The separate and
independent action of Congress- 10 contemplation OF
the Constitution, is invaded by Executive usurpation
An obsequous Difference the part of members to
the behest OF this power and the corruptng agent Of
party dicta,ion all combine destroy tile theory OF The
Constitution, and defeat its wise and vrtuous safe
guards. The power Of the Executive wholly recon-
meadaiory and any effort TO bias contravene the
dependent action Of Congress subsersive OF those
checks and balances which the Constitution created for
purposes, aud which is the sheet Of safety
This tenacity Of the President to extort from Con-
gress reluctant ratification Of has measures is destruc-
1--we Of the fundamental principles of Government,
and contains the vital element of monarchy. |, is
raging the will of against the representative
power Of the people, and requiring Of that power sub
mission TO his will, To the OF our mprescrpti-
BILE rights it matters but little whether the voice Of the
people has TO bend the absolute viii of one man, or
that the object be effected by the nsdous usurpa
ton of man. the Insapped functions with which
he may be clothed II Is IN both power obnox-
! ious to liberty
| We have seen with alarm the growing and oyersha-
downg power Of the Executive, advancing step by step
to the naturalization of the other CO ordinate powers Of
the Constitution and We have with modification
how plssiSeiy tins usupaon has been submitted TO by
those whose solemn duty il 10 have maintained
their co-equahty and to ress, every encroachmen upon
| that balance OF power which designed be in
volatile and upon the preservation OF which the safety
! and glory OF all depend. Fl.
| When the Legislative branch Of the Government be-
comes unmndiul of its independence and due
ton OF It's powers, and yields with submission TO
influence unknown 10 the Constitution il holds out
immunity for usurpaon and proves criminal aban-
donnent OF the high prerogatiyes that belong to it.
From this desertIon Of sacred duty, which consti-
ues of the strong safeguards against the encroach
ments of ambition, 1t Is but step to the insdious ad
! vance Of despotism. .@..-
Twas of the grca, objects of the Constitution so
TO divide the powers OF the different departments OF the
Government as to preserve uniform balance, and TO
operate checks upon each other 1t also design
ed that they should reyolve their respective orbits
that entire harmony might be preserved which was es
senta TO the accomplishment OF that end Il further
contemplated rigid independence in preserving the
rights and exercising the prerogatyes of each,
consistent with their incidental corporations carry
ing out the purposes Of Government So decately
gained the whole machinery OF this part Of the Con
stitutlon, that essential departure from original
principles be ventured upon hou, hazarding the
harmony efficiency and value Of their organization and
design The amount OF power given the legislative
executive, and Judiciary departments Of the Govern
nenr, divided aud defined exist whole
among the three aud ahae yer Is lost TO any
one OF them suporadds that amount the others This
accession not only destroys the balance OF power but it
creates danger by attaching preponderatng power TO
the other departments. II gives ascendancy 10 that
power which is strongest, and ability augment its
strength by the force Of the superior influence which
wicds, as power invariably begeis power. The pro-
gessye and inevitable tendency Of this destroy the
weaker power, and TO gil the functions in
the possession Of the strongest of the original divisions
The practical tendency Of this evil to be found in the
powers that exercised by the Executive, un-
known to the Constitution and that power is taken
from the legislative branch of the Government, it
most readily assimlacs with the Executive functions
As proof OF this, appeal to the experience of every
year The independence of Congress most fatally
impaired and just IN the ratio OF its lost dignity is to be
found its trucking submission to Executive usurpaton
The invisible finger of the Executive is felt every
measure of importance that comes before Congress To
court that oyershadowng power, and TO bask in It's
smile, seems to be the will and the pleasure of this
ordinate and coequa branch; and its constitutional
power to 'recomnend from time time" is resolved
! into practical mandate to obey The intolerance Of
party steps auxiliary Executive supremacy and
accomplIshes the last stage OF legislative abasemeni
Under this state Of things, may go with the
forms Of republican Government, but it will be in fact
little less than monarchy. We may console ourselves
with the belief that under the protection OF the
Constitution, because all profess to respect but it is,
fear, false and fatal reliance. Our danger in the
delsive belief that all SAFE because the captain of the
| watch cries out "afs well. We invoke the vigilance
OF the people their servants, and rigid
| blity Of all their delegated trusts Liberty and the
Constitution will not long survive neglect and abuse
|