Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-04-30
NEW SERIES--V0L. 90, NO. II


q because Of that matter, is the Senate
r revolutionary Does that follow2 II
, is the plainest proposition in the world
{ that this is constitutional right and
J. invaluable as a check. 1t cannot be
5 dispensed with as part OF the govern.
{ mental theory of this country that
each House is to have an absolute neg
. alive upon the other And the mega
tive of the Executive is check upon
I the legislative branch, limited by the
: two-thirds provision. a4 r
| The exercise by either House of its
right to refuse to pass bill because OF
, denied matter in the bill is the exer.
} else Of plain, clear, constitutional
! right. The exercise Of this right by
; the Senate is by no means revolution.
/ A President has the right to veto q
bill. 1t is by no means revolutionary
that be should veto bill yet he un-
dertakes by the exercise of his qualified
, negative TO require us TO do what he
wishes. That is the part of his clear
right; it belongs to him under consti-
, tutional authority, and would be the
last 10 attempt to take it away from
him. II is vital here as it is in the leg.
! islative branch. But when the Execu.
tive vetoes bill and VIC pass the bill
BY two-thirds, we are practically coerc-
ing the Executive. That is the inevi-
table conclusion, but this is constitu.
tional coercion. The Executive, in
pursuance of his qualified negative
given TO him by the Constitution, re-
turns us the bill with his objections,
and two.thirds ofthe Legislative branch.
es pass the bill over his veto. We are
coercing the executive power, but are
we revolutionary We are exercising
the legislative power of this Republic,
and il is neither revolutionary nor CO.
ercive
But suppose the bill comes here and
we have not the necessary two.thirds
to pass it over bis veto, what follows2
We undertake to pass the bill, we put
il upon reconsideration in accordance
with the Constitution and il fails for
want Of two. thirds, what thenH Are
we TO be coerced in regard to our leg.
islative rightY Are we to say that we
must pass the bill in the form he wishes
because the Executive has vetoed ii :?
The right Of non-action, the right to
decline TO act undersuch circumstances,
is as much the right of this House and
of she other House and of the two
Houses acting in their legislative ca.
pacity as is the right Of the President
to veto bill. We may decline to act
and 60 no further we need not initiate
the legislation anew. If we could bo
compelled to do this, then the independ-
ence of each branch and the independ
ence of the legislative power is abso.
lutely gone, and you have no longer
majority rule Tor President, and the
minority can coerce Legislation and
thus the minority become the ma ajority,
and with an unscrupulous Executive
cohering the power Of the minority
patronage and place you have your
Government revolutionized by with
the minority usurping and controlling
the power of the majority, in which,
under our system, it is vested by the
Constitution and the laws This is the
inevitable result. There is no such
power anywhere. 1t belongs to the
Legislative branch " avt va 10 decline
to act. When it does decline to act, it
is exercising plain, clear, constitu-
tional right, and 1t must act, as must
the Executive act, in full view Of its re-
sponsibiIities 10 the people. That is
where the responsibility comes at last.
The power to do this is with us, but
we must act in the view that it is ulti-
mately 10 be judged Of by the last trib-
unal in this country, the tribunal of
the people, and if we are not standing
by doctrines and measures which the
people will approve, II we are not main.
tanning the rights and the liberties and
the ancient freedom Of this people,
they will not sustain us, and they
ought not but If on the contrary, we
decline to act in obedience to our clear
constitutional right, in defense OF the
rights and liberties and privileges of a
free people, they will sustain MS, and
this Congress will write upon the his
tory OF this people an ineffaceable rec
ord that their representatives in the
Forty y.sixth Congress were true to the
liberties of the American people.
Sir, each must be responsible for it,
conclusions and its actions, TO the peo.
pie themselves, and each must act in
full view OF that ultimate tribunal. The
power Of the legislative branch TO raise
armies and vote supplies is to be oxer.
cised as that legislative branch judges
wise There is no power to control, to
direct, or to coerce it. II the Execu-
tive differs, his negative controls un.
less two-thirds override it. If not the
bill falls, but his negative does not COM
pei US 10 act.
Sir, this mode Of coercion never was
intended 10 be used upon the legisa-
tive branch. There is nothing in the
Constitution or in the history Of this
people that can be construed to mean
that the legislative branch shall act at
tho dictation of the Executive IL is
not found in our system anywhere, and
III cannot be cited to deter us from that
which IS a plain, clear duty.
The independence Of the legislative
branch and the rights of hepeople are
often to be preserved best by this de.
fensive power of nonaction. The Sen
ator from Maine read from Mr.. Clay.
Let me read what he said In 1919, up
on question OF constitutional inter-
probation upon on Army.bill, an issue
between the President and him as to
what should be put upon that bill in
regard TO internal improvements. Mr..
Trimble had moved an amendment al.
lowing troops TO be used 70 make a
road and appropriating money for that
purpose This involved the question
Of internal improvements. Mr.. Clay,
who was. then Speaker, when the
House was in Committee Of the Whole,
said this: p I'D Boa tatilials
{ Mr.. Clay hoped that this motion would not be
insstsd on, and, ifinsistsd op, would not prevail,
The object 10 view vas 10 present the sirnpls un
mixed proposition whether tbs Kreeutise has the
power 10 employ the money of the country In
eopstrueting roAds N Hsscciatsd with the cons
pany proposed, (the amendment,l II would make
, the sense d the COMMITTEES equivocal on ths I'm.
poriant quss,ion prsssnted BY the motion of Mr.
frimble Por that motion, Mr.. Clay said, he
meant 10 vote. Il would declare by formal act
that II was eompesest, by the grants Of power, for
Congress TO ApthoriEe such works. Mr.. Clay said
ks thought Congress had been wanting 10 It's d.
~ delaying 90 long 70 lesislAis on tAis sabject,
Ii was proper TO pass bin and present II to the
!, Prssidsnt and II b. refused 70 sanction a. then
Mr. Clay declared, he had no hesitaiiop in svow.
. ing he should Be ready 10 proceed 10 hostiltiss
{ with the President on this point, and Withheld
every appropriation until he eonesdsd the point.
That was in January, 1919 Anoth.