The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-02
The Army Bill Veto-POwers and Duties
OF Congress and the Executive.

ETtSN anu INC INttuAlNt uIt fSNuNlNi'h ny
the Constitution. By this instrument they
are created, limited. and determined.
The acts to be performed by each Of these
two branchcs OF the Government are essen
TALLY of two kinds, namely, those which are
necessary and those which arc discretion
ary--those which they must do and those
which they may do or not Those which are
necessary are acts without which the Gov
eminent could not continue; those which
are discretionary are such rs, whether they
are done or left undone, the Government
still exists.
Neither the Congress nor the Executive
has the right to refuse or to neglect TO per.
form the necessary functions OF its respec-
tive department. For instance, Congress
has the power to pass appropriation bills
granting money to carry on the Gov
eminent; and it must not refuse
or neglect to pass them. In passing
them, however, it may attach to the
expenditure OF the money such restrictions
and limitations as it may deem wise and
proper, provided only that these restrictions
and limitations are constitutional and are
not OF nature to defeat the purpose for
which the appropriations themselves are
must not be such as to prevent the carrying
on Of the Government.
The President has the right and the power
10 approve or to veto the acts Of Congress.
With his approval they become laws; If he
vetoes them, they do not become laws, UNI
less they are reenacted by vote OF two
thirds Of both Houses.
This absolute power Of the veto. however
cannot properly be used TO permanently de-
feat those acts OF Congress which are neces-
sary to the continuance OF the Government.
but only those acts which are merely dis
cretionary. For instance, the President has
the right to veto a bill appropriating money
TO deepen the waters OF a harbor; and
then, under the operation Of the Constitu-
ton, that bill can only become law by
being reenacted by two-thirds OF each House
Such bill is purely discretionary, and
whether 1t become law or not, the Govern
ment remains in full vigor and efficiency
But take the case OF an appropriation bill
for a purpose necessary TO the continuance
Of the Government. which bill Is passed by
Congress with some restrictions which the
Executive and his party-that party being
in the minority-regard with hostility.
The President undoubtedly has the right 10
express his disfavor in the form Of n veto
against the bill. So far the proceeding
is perfectly legitimate and proper.
There is nothing in it which tends
10 paralyze the Government. Now
when this veto comes into Congress, and
the ordinary question is put whether the
bill shall pass notwithstanding the veto, If
two-thirds Of each House are in favor OF it. IL
&c. nd = Ia, ,.,t - 4
Then it goes through, precisely as If it were
merely one Of that class OF acts which we
have described as discretionary; and there
is an end of all controversy respecting it.
But suppose that while there is a majority
Iol the bill and against the veto, it is not a
majority of two-thirds Then that partcu-
lar bill fails; the veto has killed it. Yet the
question does not end there. The act which
has been struck by the Veto Is necessary
20 the continuance of the Govern
ment and a new bill upon the
subject must be passed. The question is
whether in framing this new bill it now be-
comes the duty of Congress to abneEate and
renounce the right and the power which the
Constitution gives. OF again attaching those
conditions and restrictions which have fur
nished the occasion and the reason for
the veto. This is grave question,
and the majority of Congress are bound
20 decide it as in their judgment
is essential 10 the public welfare. They are
bound TO take cognizance Of the objections
of the Executive just as Of any other argu-
ments upon the subject. If they are con-
WINGED by those arguments, they must yield
the point; but if they are not convinced,
then they must again attach TO the appro-
priations the same conditions as before.
This being DONE and the appropriations
being necessary to the continuance OF the
Government, while the conditions attached
are perfectly constitutional and within the
powers OF the Congress, If the Executive
again vetocs the bill because he
does not like the conditions, it Is
he alone who takes the dread
responsibility Of an act which goes to par
alyze the Constitution and stop the whole
political machinery. This is response
bility which, in an emergency similar TO tho
present, President JOHNSON, one Of the most
determined and obstinate of men, did not
dare to assume When some twelve years
ago Congress added to the Army APP
preparation bill clauses forbidding the
President TO give orders directly TO mil
itary officers and prohibiting the States
recently in rebellion from maintaining mill
tia, Mr., JOHNSON protested against the bill
but signed it. 81 am compelled" he said
TO defeat these necessary appropriations
II | withhold my signature to the act
Pressed by these considerations | fee
constrained TO return the bill witt
my signature, but to accompany II
with my protest against the sections
which have indicated" The course ther
taken by Mr. JOHNSON must be taken by any
other President under similar circumstances
When upon such Il subject there is a differ
ence of opinion between the Executive anC
Congress, and when the former cannot per
Guade or coerce the latter to abandon III