The Vinton record. [volume] (M'arthur, Vinton County, Ohio) 1866-1891, 1866-04-12
Constitutional President-An
Unconstitutional Congress.

| n NOubtltutiOuut EEcStuent-AD
Unconstitutional Congress.
Hitherto both under the present
and under former administrations,
when bills have been returned to
Congress without the signature of
the President, the reasons given for
such return have, in general raised
questions of conformity between
the bills and the Constitution. But
We agree with a loyal contemporary
in the opinion that, it is not the
question of constitutionality alone
that, in determining his duty, the
President may consider. 1t is not
exactly true that "the President
has a negative in the legislation of
Congress which he can use reason
ably or without reason ;" but it is
true that his obligation to affix his
signature to bills presented by Con.
gress is conditioned solely upon his
happroval of them; upon his own
reason, and not upon that Of any
other person, party or authority.
Such being the case, we confess
sensation of unfitness when we
see it stated that the President has
affixed his signature to bills for this
or that purpose. Holding the opin-
ION, which he has more then sug-
gested, of the absence of legitimate
authority in Congress, composed
of members from only part of the
States, to legislate for the people of
the whole, we do not clearly see
how he can consistently give his
official approval-which is designed
to transform a dead letter into a
living law-to any Of its creations.
That it is the duty ofthe President,
in case he does discover want of
conformity between a proposed
law and the Constitution, to with
hold his signature from the former,
few will venture to disdute and if
1t is his duty to reject an unconsti-
tutional law, is it not equally his
duty to reject a law passed by an
unconstitutional Congress-
We are free to admit that we can
not see the difference. 1t will hard
ly do to establish the principle that
an unconstitutional legislature can
pass Constitutional, laws. The pro-
visions of the Constitution, which
prescribe that the "House of Rep
resentatives shall be composed of
members chosen by the people of
the several States" and that "the
Senate Of the United States shall
be composed of two Senators from
each State" are as binding as any
other. They fix the terms, and the
only terms, under which Consti.
tutional Congress can exist; and if
they are not complied with, a thing
which calls itself a Congress may
assemble, and may enact things to
which it gives the name of laws
but the Congress is no Congress,
nor are the laws laws; for they are
binding upon nobody, not even
upon they who call themselves the
constituents ofthose by whom they
were begotten.
Arefusal of the President to give
his official approval to any of the
acts of the pseudo Congress would
bring the usurpative character of
that body palpably before the peo-
pie, and awaken degree of atten-
ton to its deformity which Goes
not now exist. Such a position,
taken and maintained, would, in
all probability, be followed by an
attempt to expel the President
from Office by process of impeach-
ment, which would raise the ques-
ton, whether a President who is, in |
every sense, a complete Constitu-
tlonal branch OF the Government,
should be deposed by body pro-
Tossing to be another branch, but
which, through its own malfeasance,
wants the qualities essential to
Constitutional authority Under
such circumstances, if the Presi.
dent should want the ability to
take care ofhimself, it would argue,
on his part, the absence of that
spirit and courage which, in high
factious times, it is necessary for
the Chef of a great nation to pos
sess, not for his own sake alone.
but for the sake ofthe people whose
interests and welfare are identical
with .his.--Enquirsr.
--->s9S$---