Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-05-27
THE PRESIDENTS POWERS
How They Have Grown in the Past
...t,, Fifty Ysars. ....

..-.!r-.z Fifty Years. ....
;, The extension of the use of the veto
power is the second large develop
ment of the presidents powers, ac-
cording to Edward Stanwood's His
tory Of the Presidency" There Is no
doubt that the intention of the franz
/ ers of the Constitution would no. have
sanctioned the present Interpretation
Of the clause granting the power.
/ The early presidents-in fact no
president before Andrew Jackson
were not forced to use 1t to resist en-
croachments upon the constitutional
rights Of the executive. They inter-
preted the phrase bad laws" to mean
only unconstitutional measures, and
and measures obviously Objectionable
because passed without due consider
alton. Washington vetoed only two
bills during his eight years Of service.
i Andrew Jackson vetoed nine bills.
Six Of them were objected to as being
repugnant to the Constitution. The
others did not commend themselves to
him as being wise. He was thus the
first to treat the constitutional power
Of veto as one which authorized the
president to interpose his judgment on
q question Of public policy to defeat
congressional enactment. r..
Van Buren's only veto was pock-
ct veto Of harmless resolution which
was submitted to him after the final
adjournment of congress. Even Tyler,
having to consider the legislation Of
congress angrily hostile to him, We
toed but eight bills-two Of them pock-
ct yetoes like those Of Jackson.
It has become a general revisory
power, which is applied to ali the legis-
lation Of congress, whether important
or not, whether concerning public laws
or private and personal interests. Some
presidents use the power more fire.
quently and more meticulous)y than
others, but they all use 1t to the fullest
extent, and upon the most trivial mat
ter, when so minded. .. .. a.i
The question has been frequently
discussed whether the veto Of the pres
ident Is legislative power. Won Hoist
says It is not, because the Constitu-
ton declares that "all legislative pow
er herein granted is vested" in con-
gress. That seems a little like beg
ging the question. At any rate 1t as
sumes that an inconsistency In the
Constitution is impossible and I'm
thinkable. ...... ,..,
Is it not reasonable to hold that the
veto power as Hamilton understood It,
and as all the presidents, not even ex-
cepting Jackson, understood 1t until
after the Civil war, was not a legisla-
tive power, but as understood and
practiced today it does make the pres
ident in effect third member Of the
legislative body. ... ......
The question can best be considered
In connection with the extension Of
the presidents exercise Of power In
the third general direction. The Con-
stitution, in its general enumeration OF
the functions which 1t assigns to the
president provides:
HE shall from time to time give to
the congress information Of the state
Of the Union, and recommend to their
consideration such measures as he
shall Judge necessary and expedient."
1t must be left to those who are suf-
ficiently interested in the evolution Of
our government to study comparative
" the tone and general character or
the recommendations by the presi-
dents in the first fifty years of our ma
tional history, and in the last twenty
years Of congress. ..,
The president now feels 1t to be his
privilege, nay, his duty, to bring pres
sure to bear upon congress, that is to
say, upon certain congressman. He in
vites them to call upon him to discuss
the terms Of the bills which he has
recommended. He indicates to them
what Is and what Is not admissible.
The executive has still another wea-
pom. He has the power to summon
congress in extraordinary session. He
can say-of course privately and un-
officially-that unless congress shall
pass this bill or that, he will call the
two houses to meet again. Whether
this weapon has ever been used or not
can not be asserted with confidence. 1t
has been reported, with how much or
how little truth is unknown. But the
use of it is possible. 1t has been en-
rloyed more than once by another exc
cutive, the governor Of New York.
A president possesses and exercises
a power transcending that Of any he
reditary monarch Of a constitutional
government, at the same time that
by his direct and intimate association
with the people-'the common people
he may be the most democratic OF
sovereigns. Among all the unique Gre
ations of the American Constitution,
there Is nothing more remarkable than
the presidency as it exists in the goth
century.
Has the presidency reached its ulti-
mate development? That Is a ques-
ton for the future. But If we can take
a lesson from history the tentative
answer must be in the negative. 1t Is
the teaching of experience that power
always tends to its own increase, at
the expense Of a weaker power.
In no instance has there been a sur
render Of anything previously gained
or a recurrence to earlier standards.
President Roosevelt carried his con-
| ception of the powers and prerogatives
of his office to the highest point yet
reached. The administration which Is
in progress as this Is written makes
use, as matter Of right, of all the
powers, all the methods by which
President Roosevelt imposed his Will
upon the government.
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