Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1848-12-15

90 lhe s.nufr. sui the veto ~ r ui ihe ff-sl- I
d-ui 90 the Congress. ar guHranues Nhich the
smell. Ssatrs sy- thar their rights will be r.
specified. NHEuut these guarantees, a.l their m
isrrsx ~ould b. NJ ihs mercy nf malnriies 20
Congress. representing largrr States. ln the
smaller and Weak-r SiaIgs. therefore, the pre-
servstioH II the power. aud rs exercise upon
prnpor occasion demanding IL, Is OF vial impor.
lance. They ratified The Constitution and en-
iered into The Union. securing Co themselves an
equal representation vuh the larger SaIes m
The Senate. and they agr-ed ~ BE- bound BY .
Constitution, framed b., Congress, upon the ex.
press cnndiiiun. and none other. That they
should be approved by the President or passed.
bis objections 20 the contrary Notwithstanding
by a vote Of twO-ihrds 0f both houses. Upon
this condition lhey have right 10 insist, rs a
part Of the compact 10 which they gave their
assent.
A bill might BE- passed by Congress, against
the will Of the Whole people Of particular
State, and against the votes Of It's Senator's ana
all its Representatives. However prejudlcial II
might be to the interest Of such STATE, It would
be boJnd BY il, II the President should approve
IL. or if il should be passed by a vote Of Iwo-
thirds Of both houses; but Il has right 10 de-
mand that the President shall exercise his CON
sIutiona power. aud arrest il, If his objection
is against it. If he surrender this power, or
fell 10 exercise il 10 a case where he cannot ap-
prove. il would make his formal approval
mere mockery, and would be itself violation
Of the Constitution, and the dissenting State
would become bound by law which had not
bsen passed according 10 the sanction Of the
/ Constitution.
| The objection TO the eexercise Of the veto pow
ef is founded upon an idea respecting the Popu-
I lar will, which, if carried out, would annllaIe
State sovereignty, and substitute for the present
| Federal Government, consolidation directed
b. by supposed numerical majority. A reVOlu-
ton Of the Government would be silently ei-
iecled, and the States would be subjected 10 laws
10 which they had never given their Cons'iIu
/ Iional consent.
| The Supreme Court Of the United States is in
vested with the power to declare, and has dccla-
, red, acts Of Congress, passed with the concur
renee of the Senate and House Of Representa-
tives and the approval Of the President, 10 be
Unconstitutional aud void; and yet none, it is
presumed, can be found who will be disposed 10
strip this highest Judicial tribunal under The
/ Constitution OF this acknowledged power-a
power necessary alike TO its independence aud
the rights Of individuals.
! For the same reason that the executive veto
should, according TO the doctrine maintained be
rendered nugatory, and be practically expunged
from the constitution this power Of the court
should also be rendered nugaIory and be exPun-
ged, because it restrans the legislative and ex-
ecutiYe will; and because the exercise ot such
power by the court may be regarded as being IN
conflict with the capacity Of the people to gov
ern themselves. Indeed, there is more reason
for striking this power Of the court from the
constitution than there is that Of the qualified
veto OF the President; because the decision oi
I the court is final, and can never be reversed, e.
ven though both houses Of Congress and the
President, should be unanimous in opposition TO
il: whereas. The veIo Of the President may be
ovsrruIed by a vote Of two thirds Of both hou-
ses of Congress, or by the people at the polls.
ltis obvious that to preserve the system es'
tablshed by the Constitution, each OF the co-or'
dinate branches of the governmept-the Execu
tive, the Legislature and the Judiciary-musI be
left in The exercise Of its appropriate powers
If the Executive or the Judicial branch be de-
priyed Of power conferred upon either, as checks
on the Legislature, the preponderance of the
latter will become disproporIionate and absorb
ing, and the others impotent fer the accomplish
ment for which they were established. Organ
lied, as they were, by the constitution. they har'
! monze together harmonously for the public
good. If the Executive and the Judiciary shall
be deprived Of The constitutional powers inves.
ted in them, and Of their due proportions, the
equilibrium of the system must be destroyed
and consolidation Of unchecked despotc power
exercised by majorities Of the Legislative branch.
The executive, legislative, and judicial-eac
constitute a separate, coordinate department! Ol
the government; and each is independent Of the
others. And The performance Of their respec-
pective duties under the constitution, neither
can, in its legislative action, control Others
They each ACT upon their several responsibilities
in their respective spheres; but if the doctrines
now maintained be correct, the Executive musl
become practically subordinate 10 the legislative
and the judiciary must become subordinate 10
both; and thus the whole power of the govern
ment would become merged in single depart
ment. Whenever, If ever, this shall occur. ouI
glorious system of we'll regulated self govern.
first by anarchy, and finally by monarchy OF
desPotism.
am far from believing that this doctrine is
the sentiment of the American people; and du-
ring the short period which remains for me 10
administer the executive department, it will be
my aim 10 maintain its independence, and dis
charge its duties without infringing upon the pow
ers or duties Of either of the other departments
Of the government
The power of the Executive as exercised by
the first and most iIustrious Of my predeces-
sors, and by four Of his successors who prece-
ded me in the administration Of the government,
it is believed III no instance prejudically to the
public interest, has never been exercised. No
President will ever desire unnecessarily 10 place
his opinion in opposition to tha. Congress; he
must always exercise the Power reluctantly, and
only in cases when his convictions make il a
! Ii. Il. II L. L.