The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-09-28
FOR THE MADisoNIAN.
REFLECTIONS ON THE VETO.
M 9

Before proceeding to examine the charges brought
against the motives Of President Tyler in his recent
exercise Of the Veto might be considered necessary
by some, to discuss the question whether he had any
right as President to withhold his sanction from a
bank bill upon the ground that he himself believed it
to be unconstitutional. For it has been denied on the
floor of Congress that he had any right to Veto the
bill on constitutional grounds; and the denial finds
some color Of support in the fact that President Mad-
son waived bis constitutional scruples chiefly if not
exclusively, on the ground that the question Of the
constltutionaty of the ank ought to be considered
settled by previous decisions; and the Supreme Court,
in the commencement Of their opinion in the of
McCulloch against the Bank Of Maryland, declare
that the question Of the consttutonay Of the bank
can hardly be considered open question.
The object Of the remarks in a preceding number
was rather to state, than to argue the position that
the President is a ordinate branch Of the National
Legislature, and cannot be made otherwise without
radically altering the structure Of the Federal Go
vernment- which Government is not, and never was
intended TO be- subject to the will of mere popular
majority.
The question then is reduced to this whether there
has been any decision the question Of the consttu
tonalty Of Bank Of the United States which is
binding the National Legislature and should pre-
vent the whole Legislature from considering il an open
question for if one branch of the Legislature has
right TO open the question, another has, so far as to
give or withhold its approval of bill upon grounds of
cons,itutonaIty
brief review Of the decision of the Supreme
Court in the case just referred to- will show upon
what grounds the question Of the constutionaty of
the Bank was decided, and how far the decision is
obligatory on the National Legislature.
In the first place has been decided and the deci
sion is generally acquesced in) that the General Go.
vernmen under our present Constitution, is not re-
strcted, the under the old articles of Con-
federation to the exercise Of powers expressly granted
to it, There is such express limitation in our pre-
sent Constitution, there in the articles of Con-
federaton an attempt was made TO insert IT, but il
failed So far from being under such a restriction
Congress has the express power pass all laws which
necessary and proper enable to carry into exc
cution the powers granted to il.
If all powers not expressly gianted 10 Congress
to be considered prohibited there would hard
y have been any necessity for such elaborate emu
meraton Of prohibited powers, is contained, parti-
culary in the amendments to the Constitution.
In fact, no Government could perform its functions
under such restriction unless its Constitution should
be expanded into perfect code OF laws, providing,
and providing wisely for all possible contingencies
Something must be le to the discretion Of every Go
vernment; and our Government made free and popu-
lar, in order that il might be the more safely con-
fded in.