Evening star., 1948-06-20
Trumon-C Congress Clash
Sets High Water Mark
Conflict Reiforces View That Veto
Power Should Be Used Sparinsly

SStS lily u VOlSi NiOIN
Conflict Reiforces View That Veto
Power Should Be Used Sparinsly
By Gerard d. Reilly
While there have been more significant bat-
ties between the executive and legislative
branches Of our Government than the one now
being waged, the present vendetta be-
tween President Truman and the Eightieth
Congress In one respect has reached high
water mark According to statisticians. the
overriding by Congress Of three presidential
vetoes in . single week has been without
precedent.
The most recent parallel In our history Is the
closing phase Of Woodrow Wilson's term when
the Sixty-sixth Congress and the stricken Pres.
ident were at loggerheads. That period is re-
membered not 50 much for the futile exercise
Of the veto power, however-although Wilson
did unsuccessfully disapprove the Volstead Act
among others-as for the Senate's refusal to
ratify the League OF Nations Covenant.
Until fairly recently a sparing exercise of the
veto power was considered part of our unwrt-
ten law. This prerogative was seldom invoked
by Presidents prior to the jackson era. Thomas
Jefferson, for example, the most successful of
our carly Presidents, never vetoed a bill during
his eight years in ofnce.
His aversion to the veto was q facet Of his
philosophy of government, which was opposed to
any constitutional restraints upon the popular
will as expressed by the legislative branch.
Nevertheless. he was an adept enough leader to
carry Congress with him on major issues
Andrew Jacksons reputation as strong
President, however, did not stem from any
record of leadership so far as Congress was
was controlled by such enemies as Clay, Cal.
houn and Webster Even after his reelection
the Senate on occasions refused to confirm his
appointments to cabinet offices. His high place
in presidential history rests upon the exercise
of q veto which he made stick-the renewal Of
the charter Of the Bank Of the United States
Although his political and economic foes carried
on . Nationwide campaign to preserve . CEN
trail bank tho necessary votes to override his
objections were not forthcoming.
It was not until after Lincoln's time, how.
ever, that any frequent use was made Of the
Veto Much Of the bad blood between Andrew
johnson and the Reconstruction Congress was
occasioned by his disapproval Of bills which he
felt encroached upon his prerogatives. This
was the Congress Of Thaddeus Stevens. which
sponsored the 18th, l4th and 18th amendments.
The underlying cause Of the break with john
son was Stevens insistence upon measures de-.
signed to confer political and economic equality
upon the Southern Negro. This same issue is
the core Of President Truman's civil rights pro-
gram, which has alienated the Southern branch
Of his party. and 1t Is somewhat ironic that this
Is the one Congress which Mr.. Truman singled
out as being worse than the Eghtieth.
One taboo about the use Of the veto persisted
even through the johnson administration and
into contemporary history. This was the ira
dition that Z President would never reject 4
general revenue bill which had been passed BY
both branches Of Congress. When President
Roosevelt vetoed the Revenue Act Of 1s4s, much
OF the support which was Immediately mustered
for tho overwhelming rejection Of the veto
message came from congressional resentment Of
this disregard Of tradition although his caustio
comments on the bill were contributing factor
The most surprising thing about this tradition
was its vitality, for there is nothing in the
Constitution which would tend to keep revenue
bills outside the orbit of presidential concern.
The responsibilities Of the President under tho
budgetlng and Accounting Act would seem to
make 1t essential that he play q coordinate
role with Congress In the formulation of tax
measures necessary to support the expenditures
OF the Government and the preservation of its
credit
The only provision in the Constitution which
puts revenue legislation in . special category IA
one providing that such bills shall originate
IN the House rather than the Senate. Obyi-
ously, this does not circumscribe veto power
IN any way and 1t is fortunate that this long.
standing tradition was ultimately discarded.
AZ the fate Of the Truman vetoes last week
indicated however, there is much to be said
TOR the view that this power should be used
only rarely and then only when some major
bill Is at stake. This, Of course, does not mean
that the President should approve every private
bill which slips by in the closing hours Of Q
busy Congress and may be devoid Of merit.
The President should resist the temptation
TO veto measures which may not be q part of
his program unless their effect would really bs
inimical to the national welfare This can
hardly be said Of any Of the three vetoed
measures which were considered by Congress
last week. Two dealt with subjects with respect
to which the agencies Of the executive branch
itself were divided.
The Reed-Bulwinkle bill was favored by the
Interstate Commerce Commission, the primary
agency concerned with rates for rail and motor
carriers. although the Department Of Justice
was opposed to the limitations placed upon
antitrust laws. Moreover, the measure COM
manded the most universal support Of shippers
as well as carriers
On the subject Of the transfer Of the En-
ployment Service from the Labor Department
to the Federal Security Administration, the
President was undoubtedly right in view Of the
great damage inflicted upon the principle Of
public employment exchanges during the two
years the Social Security Board was given this
function. The President attempted to solve
the problem = few months earlier through a
reorganization plan, but the defeat OF this
plan In Congress was due as much TO the
Intervention of Federal Security Administrator
Oscar Ewing one of the Presidents chief polit-
ical advisers, as 1t was to opponents OF the
adn inis