The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-02-12
From the Charleston Southern Patriot.
AMENDMENT OF THE CONSTITUTION.

We have said that Mr.. Clays argument in favor of
further limitation of the veto is botomed on assump-
ton and a narrow induction of facts. The assump-
ton is, that the Executive department is making
gradual encrQachments on the legislative The
of this proposition is true. The assumption
of power by Congress is SILENT and therefore, imper
ceptible The Veto and the Federal patronage offer
no counterpoise. The President rarely nerposes his
negative, unless public opinion is in suspense, is
not ascertained with regard either to the policy
consttutionalty Of acts of Congress- requiring his
sent. In such case the Executive, by its veto, pro-
duces pause in the action of Congress until there is
decided expression of that opinion. The President
is in fact the peoples countercheck in legislation to
the passionate precpitate impulses OF the peoples
representatives. He is the exponent of the public
WILL when Congress, forestalling its expression, pre-
sumes to act before is known and ascertained He
is as much therefore the organ and representative of
the people, those who elected to legisate for
them, for he has to consummate that legislation He
bears the same relation to the Legislature that the
Judges, in the last resort, BEAR in all American
Constitutions to the other departments Of the govern
ment. The supreme judicature of the Union, in ex-
ercsing negative acts of Congress, protects the
people against unconstitutional legislation So does
the Executive, an intermediate power, with this
difference, that the Executive protects the people
well against impolc unconstitutional legislation.
The people have thought proper to make the Execu-
tive will an ingredient in the enactment of the laws
they have thought proper to make the Judges, in
the last resort shield for the protection of their
constitutional rights against the precipitation or rash
ness both of the legislative and executive depart
ments of the government.
Mr.. Clay asks, why have not the people given to
the Federal Executvea veto their own acts IN con-
vention2 The people have given 10 the Judges the
power TO restrain their own rash impulses. lfn par
tial conventions they should perform acts inconsistent
with the fundamental law-if they should usurp the
legislative judicial power, the Judges would pro-
such acts unconstitutional, as legmately as
they would legislative or executive acts unauthorized
by the supreme law But it would be absurd to cothe
any department of the Government with power to
check and control the people themselves assembled In
general conrcntion for this authority above even
the fundamental law of which it is the creature. II
would appear then, that there is nothing inconsistent
with the theory of popular government for the people
to in officer elected by themselves the power
to arrest the unconstitutional legislation of their repre-
sentatves, as they have lodged with the judicature
CONTROL not only the other departments OF the
government, but over themselves.
Mr.. Clay speaks of the disuse Of the veto by the
European governments who borrowed it of the Ro
mans Now this is the very reason why we should
retain it. A balance of power between the different
departments of government is Unknown TO the monar-
chca system of Europe because il has been superse
died. if it ever really existed by Executive influence
THERE'S no room and necessity for the authority to
sanction and consumnate the laws In that branch
where the initiative of all legislation is placed. The
Executive IN the limited monarcbies OF Europe, pos
the CONTROL through patronage, ofihe majories
by which it governs the legislative assemblies That
department of the Government, therefore, originating
all measures of Legislative character. has for
the veto and it has consequently fallen quietly into
disquetude. 1t is surprising that Mr.. Clay should
have overlooked this plain distinction between the pc
puar systems of the new, and the monarchical sys-
TENS of the old world.