The Democratic pioneer. [volume] (Upper Sandusky, Ohio) 1845-1853, 1849-01-05

ize onr whole system. We must destroy
the constitutional compact by which the
several States agreed to form federal
Union, and rush into consolidation which
must end 10 monarchy or despotism. No
one advocates such proposition. and yet
the doctrine maintained, il carried oIt,
must lead to this result.
One great object of the constitution in
confering upon the president qualified
negative upon the legislation Of Congress,
was to protect minorlties from lnjus ice
and oppression by majorities. The equal
ity of their represention in the Senate,
and the veto power of the President, are
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 majorties 10 Congress representing the
larger states: To the smaller and weak
er States, therefore, the preservation of
this power, and its exercise upon proper
occasions demanding it, is of vital i'm
portance. They ratified the constitution,
and entered into the Union, securing to
themselves an equal representation with
the larger States in the Senate; and they
agreed to be bound by all laws passed by
Congress upon the express condition, aud
none other, that they should be approved
by the President, or passed, his objections
to the contrary notwithstanding,by vote
condition they have right to insist, as a
part the compact to which they gave
their assent.
A bill might be passed by Congress-;
against the will of the whole people of a
particular State, and against the votes of
its senators and all its representatives -
However prejudicla it might be to the
interest of such State, it would be bound
by it if the President shall approve it, or
it should be passed by vote of oftwo-thirds
of both House, but it has right to de
mand that the President shall exercise
his constitutional power, and arrest it,,
if his Judgment is against ii. If he sur
render this power, or fail to exercise 1t
in case where he cannot approve, it would
make his formal approval mere mockery
aud would be itself violation Of the con.
sti,ution, and the dissenting State would
become bound BY a law which had not
been passed according to the sanction of
of The constitution.
The objection to the exercise of the
veto powers is founded upon an idea re-
spectng the popular will, which, if car
red out, would annihilate State sover.
ignty, and substitute for the present fed
eral government consolidation, direct
ed by a supposed numerical majority. A
revolution of the government would be
silently effected, and the States would be
subjected 10 laws to which they had nev.
er given their constitutional consent.
The Supreme Court of the United States
is invested with the power to declare and
has declared acts Of Congress, passed with
the concurrence of the Senate and House
of Represent atives, and the approval of
the President, to be unconstitutional and
void; and Yet none, it is presumed, can be
found who win be disposed to strip this
highest judicial tribunal under the consti-
tuition Of this ackoow Iedged power
po er necessary alike to its independ-
ence and the rights of individuals.
For the same reason that the Execu"
tive Veto should, according to the doc
trine maintained, be rendered nugatory,
and be practically expunged from the
conlttution,t his power of the Court should
also be rendered nuga,ory and be expuug
ed, because it restrsins the legislative
and executive will; and because tue ex-
ercise 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 ID more reason for strik-
ing this power of the Court from the Con
stitution than there ia that of the quali-
fed veto Of the President, because the
decision of the Court is final, and can
never be reversed, even though botl.
Houses of Congress and the President
should be unanimous in opposition TO it;
whereas. the veto of the President may be
overrnled by vote of two thirds of both
Houses of Congress, or by the people at
the polls.
1t is obvious that to preserve the system
established by the Constitution, each of
the CO ordinate branches of the govern
ment-the Executive, the Legislative and
the Jndiciary-m,ist be left in the exer-
else OF ITS appropriate powers.
III the Executive or Judicial branch be
Of powers conferred upon either
as checks on the Legislative, the prePon
= r AZ Iotsar u;n hornfne disnFn