Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1848-12-13


If the principle insisted on be counted.
then the Constitution should be so chang
ed that no bill shall become IA law unless
i; is voted for by members representing
in each house majority ofthe whole peo- /,
pie of the United States. We mus, re-
model our whole system. strike down and
abolish. no, only the saluiary check.
lodged in the executive branch. but must
| strike out and abolish those lodged in the
Senate also. and thus practically invest
the whole power ofihe government in the
majority ola single assembly. Il majority
uncontrolled and absolute, and which
may become de$po,ic-
To conform /, the doctrine Of the right
/ of maiorti to rule. independent OF ;he
checks and limitations ofthe Constitution.
we must rcvolutioniZe our whole system
We must destroy the Constitutional com
pact bv which the several States agreed 10
form "a federal Union. and rush into con-
solidation. which must end i'll monarchy
or dcsPot.sm. No one advocates such
proposition. and vet the doctrine main
tanned if carried out. must lead TO this re-
suit.
/ One great object Of the Constitution. in
comforting upon the President qualified
negative upon the legislation OF Congress.
was 10 protect mnorities from injustice
and oppression by majorities- The G.
quality Of their representation in the SEN
ate, and the veto power of the President
in the Congies are guarantees which the
smaller States have, that their gllts VIII
be respected. Without these guarantees.
all their interests would be at the mercy
Of their maiorities in Congress. represent
l. I
weaker States there fore the preservation
Of the power and It's exercise upon proper
occasions demanding it. is OF vast impor-
lance They ratified the Constitution and
entered into the MON securing unto
themselves, with the larger States in the
Senate. and they agreed to be bound by Il
Constitution framed by Congress. upon
the express condition and none other that
they should be approved by the President.
or passed. his objections 10 the contrary
Notwithstanding, by vote of two-thirds
of both Houses, upon this condition they
have right to insist as part Of the
compact 10 which they rave their assent.
\ bill might be passed by Congress a.
gainst the will OF the whole people Of a
particular State. and againstth the votes ofits
Senators, and Of all it, Representatives
however pTt1uIlcldi II IIlfIlli DC 10 the III
terest of such State it would be bound by
it if the President should approve it. or it
should be passed by a vote oftwo thirds
of both Houses: but it has a right to de-
mand that the President shall exercise his
Constitutional power, and arrest it, if his
objection, IS against it.
ifhe surrender this power or fail to ex-
ercisc it in a case where he cannot APP
prove, it would make his former approval
a mere moc<erv. aud would be Itself vi
olation Of the Constitution. and the dis
senting State would become bound BY a
law which had no: been passed. accord
ing to the sanction of the Constitution.
/ The objection of the exercise of the We
to power is founded upon an idea respect
ing the popular will. which, if carried out,
would annhilatc State sovereignty. and
substitute for the present federal govern
ment consolidation directed by sup
posed numerical majority. A Revolution
/ of the Government would be silently eff
fected, and the States would be subjected
to laws to which they had never given
their constitutional consent
The Supreme Court of the L. States is
invested with the power to declare, and
has declared, acts of Congress. passed
with the concurrence Of the Senate and
House of Representatives. and the ap-
proval of the President, to be unconstitu-
tional and void; and vet none. it is pre-
sumed. can be found who will be disposed
to strip this highest judicial tribunal under
the constitution of this acknowledged
powcr-a power necessary alike TO its in
dependence and the ights of individuals.
For the same reason that the Execu-
tive Veto should, according to the doc
trine maintained, be rendered nugaiory,
and be practically expunged from the con-
stitution, this power of the court should
also be rendered nugatory. and be eN-
plunged, because il Restraints the lcgsla-
tive and executive will; and because the
exercise of such power by the Court
may be REGARDED as being in conflict with
the capacity Of the people to govern them
selves.
Indeed, there is more reason for stri-
king this power Of the Cour: from the
Constitution than there is that Of the quail
fled veto ofthc President. because the de-
cision of the Court is final. and can never
be reversed, even though both Houses of
Congress and the President. should be
unanimous in opposition to it: whereas.
the veto Of the President may be over
ruled bv a vote Of two thirds of both Hou.
ses Of Congress, or by the People at the
Polls.
1t is obvious that to preserve the sys-
tenn established by the Constitution. each
ofthe coordinate branches of the govern
ment-thc Executive. the Legislature and
the Judiciary-tnust be left il the exer-
else of its appropriate powers.
If the executive or judicial branch be
deprived of power conferred upon either
as checks on the Legislature. the prepon-
derance Of the latter viii become dispro-
port!onate and absorbing. and the others
imPotent for the accomplishment of the
objects for which they were established.
Organized as they were by the Consttu-
ton. they harmonic together harmonious
ly for the public good.