Evening star., 1943-07-08
The Veto Power


Representative Hatton Summers OF
Texas, veteran chairman of the
House Judiciary Committee has pro-
posed an amendment to the Consti-
tuition which would enable Congress
to override a presidential veto by
majority vote, instead of the two
thirds vote now necessary. A COM
panion amendment, also by Mr.. Sum-
ners, prohibits appointment to Fed
eral office of any member of Congress
during the term for which he Is
elected and for a two-year period
after his term has expired. These
proposals, Mr.. Sumner says, def
nitely increase the possibility of pro-
curing the redistribution of govern
mental powers now concentrated IN
Washington and the re-establish-
ment of democracy in this country"
His contention is that the presiden-
tial veto, necessitating a two-thirds
vote to override, plus the powerful
influence of presidential patronage,
now is nullifying Section OF Article
of the Constitution which says: "All
legislative powers herein granted
shall be vested in Congress OF the
United States, which shall consist OF
a Senate and House Of Representa-
tives."
Mr.. Summers argument is that the
~, aF cit ~
by virtue OF this two-thirds rule on
vetoes, with the voting strength OF
fifteen Senators, If all members vote
on a veto. In the House his voting
power, similarly described, is that OF
seventy-two Representatives. This,
in the opinion Of Mr.. Summers Is
wrong, and violates both the spirit
and the letter of the Constitution.
When the Constitution was written,
and the presidential veto inserted in
Section 7 Of Article l, including the
two-thirds rule for overriding veto,
the subject was debated at length.
The founders feared lest the legis-
lative branch should be so powerful
as to become tyrannical. 1t was to
strengthen the hand Of the Chief
Executive that this provision was
adopted. A proposal was made to
give the President an absolute veto
but rejected on the ground that this
would make him practically a mon
arch. A tentative provision was
written making a three-fourth vote
of Congress necessary to overturn a.
veto. But this was finally amended,
and the thirds vote placed in the
Constitution.
In the early days Of the Republic,
the legislative branch was the great
power in the Federal Government.
The Executives powers were inflni-
tesimal as compared to those a Presi-
dent has today. The debates OF
the Constitutional Convention, how
ever, reveal that even then members
Of the convention feared that with
rule compelling two-thirds vote to
override veto, it might be impossible
1OE COIlSIESS W ICpCdA d law WlhSAA
had been proved bad law, If the
Chief Executive used his veto power.
Clearly, that is what Mr.. Summers
has in mind today when he demands
merely a majority vote to enact a
law despite a presidential veto.
All the States have given their
governors qualified powers to veto
acts of the Legislatures-except
Rhode Island 1t was not until 1902
that the veto power was given to the
Governors of North Carolina and
Ohio. In four States, the power
given to the governors is only the
right to demand reconsideration OF
legislative acts-Vermont, Connecti-
cut, New Jersey and Indiana. In
twenty-seven States, governors
veto may be overriden only by two
thirds vote; in three, by three
fifths vote and in others by ma
| iority vote.