Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1848-12-11

ing less than onesixteenth of the whole population Of
the United States
The extreme case is stated to illustrate the fact that
the mere passage of bill by Congress no conclusive
evidence that those who passed its represent the ma
orty Of the people Of the United >Aes, or truly re
fleet their will If such extreme is not likely
happen, cases that approximate 1t are OF day oc-
currence 1t is believed that not a single law has been
passed since the adoption of the Constitution, upon
which all the members elected to both houses have
been present aud voted Many of the most important
acts which have passed Congress have been carried by
4 close vote in thin houses Many instances of this
might be given. Indeed, our experience proves that
many of the most important acts Of Congress post
poned to the last days and often the last hours Of
session, when they disposed of in haste AMI by
houses but little exceeding the number necessary to
form quorum.
Besides in most of the States the members of the House
Of Representatives chosen by plurates, and not
by maortes of all the voters in their respective dis
tricts and it may happen that majority OF that
House may be returned by a less aggregate vote Of
the people than that received by the minority
If the principle insisted on be sound, then the
stitution should be changed that no bill shall be
law unless it is voted for by members rcpresen-
ting in each House, majority Of the whole people Of
the whole United States. We must remodel our whole
system strike down and abolish not only be salu-
checks lodged in the executive branch, but must
strike out and abolish those lodged in the Senate also
and thus practically invest the whole power of the
government in majority of single assembly-a ma.
jOrity uncontrolled and absolute and which may be-
come dcs1otIc.
10 conform to this doctrine of the right Of lori
ties to rule independent Of the checks and limitations
Of the constitution. must revoutionze our whole
system. We destroy the constitutional compact
by which the several States agreed to form federal
Union, and rush into consolidation, which must end in
monarchy and despotism. No advocates such "a
proposition; and yet the doctrine ntained, if
ried out must lead to this result.
One great object Of the constitution comforting
upon the President qualified negative upon the lcgis
laton Of Congress, was to protect mlnorltles. The
equality Of their representation in the Senate and the
veto power of the President, the constitutional
guarantees which the smaller States have that their
rights will be respected. Without these guarantees
all their interests would be at the mercy of majortes
F. in Congress representing the larger States.
TO the smaller and weaker States therefore, the pre-
servation Of this power and its exercise upon proper
occasions demanding tits of vital Importance. They rat
flied the constitution and entered into the Union, secu
ring to themselves an equal representation with the
larger States in the Senate; and they agreed to be bound
by all laws passed byCongress upon the express condi
tion and other that they should be approved by
the President passed bis objections to the contrary
notwithstandngby of two thirds of both houses.
Upon this condition they have right to insstas part
Of the compact to which they gave their assent.
A bill NIL ht be passed by Congress against the will
Of the whole people Of particular State and against the
Of its senators and all its representatives,. lcw
prejudcia it might be to the interest Of such
Stae,it would be bound by If the President shall ap
prove it, or it should he passed by vote OF twohrds
Of both houses but it has right to demand that the
President shall exercise his constitutional power and
arrest it, if his judgment is against it.
Ii he surrender this power or fail to exercise Il in
where he cannot approve,lt would make his for
nal approval mere mOckerv, and would be itself
violation of the cons tuition and the dissenting State
woul become bound BY law which had not been pas
sed according to the sanctions of che constitution
The objection to the exercise of the power is
founded upon an idea respecting the popular will, which
fcarred out,wl annhiate State Sovereignty and sub
stitute for the present federal government consoda
ton, directed by supposed numerical majority A
revolution of the government would be silently efec
ted, and the States woull be subjee ted to laws to
which they had never given their constitutional con-
sent
The Supreme Court of the United States is invested
with the power to declare, and has declared, OF
Congress passed with the concurrence of the Senate
the House of Representatives and the approval of the
President, to be unconstitutional and void and vet
none it is presumed can be found, who will be dispo-
sed to strip this highest judicial tribunal under the
constitution of this acknowledged power-a power ne
cessary alike to its independence and the rights ofin-
dviduals.
For the same reason that the Executive veto should
according to the doctrine maintained, be rendered nu-
gatory and be practical expungd from the constitu-
ton this power of the Court should also be rendered
nugatory, and be expunged because restrans the e-
gsative WILL and because the exercise OF such power
by the court may be regarded being in conflict with
the capacity of the people to govern themselves
Indeed, there is reason for striking this power
of the court from the constitution than there is that
President, because the decision the court is 6na
and never be reversed though both Houses Of
Congress and the President SHOULD be unanimous in