A Compilation of the Messages and Papers of the Presidents. Volume 4, part 1: William Henry Harrison
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 1: William Henry Harrison
Harrison, William Henry, 1773-1841; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
period so short as to prevent his forgetting that he is the accountable
agent, not the principal; the servant, not the master. Until an
amendment of the Constitution can be effected public opinion may secure
the desired object. I give my aid to it by renewing the pledge
heretofore given that under no circumstances will I consent to serve
a second term.
But if there is danger to public liberty from the acknowledged defects
of the Constitution in the want of limit to the continuance of the
Executive power in the same hands, there is, I apprehend, not much less
from a misconstruction of that instrument as it regards the powers
actually given. I can not conceive that by a fair construction any or
either of its provisions would be found to constitute the President a
part of the legislative power. It can not be claimed from the power to
recommend, since, although enjoined as a duty upon him, it is a
privilege which he holds in common with every other citizen; and
although there may be something more of confidence in the propriety of
the measures recommended in the one case than in the other, in the
obligations of ultimate decision there can be no difference. In the
language of the Constitution, "all the legislative powers" which it
grants "are vested in the Congress of the United States." It would be a
solecism in language to say that any portion of these is not included in
the whole.
It may be said, indeed, that the Constitution has given to the Executive
the power to annul the acts of the legislative body by refusing to them
his assent. So a similar power has necessarily resulted from that
instrument to the judiciary, and yet the judiciary forms no part of the
Legislature. There is, it is true, this difference between these grants
of power: The Executive can put his negative upon the acts of the
Legislature for other cause than that of want of conformity to the
Constitution, whilst the judiciary can only declare void those which
violate that instrument. But the decision of the judiciary is final in
such a case, whereas in every instance where the veto of the Executive
is applied it may be overcome by a vote of two-thirds of both Houses of
Congress. The negative upon the acts of the legislative by the executive
authority, and that in the hands of one individual, would seem to be an
incongruity in our system. Like some others of a similar character,
however, it appears to be highly expedient, and if used only with the
forbearance and in the spirit which was intended by its authors it may
be productive of great good and be found one of the best safeguards to
the Union. At the period of the formation of the Constitution the
principle does not appear to have enjoyed much favor in the State
governments. It existed but in two, and in one of these there was a
plural executive. If we would search for the motives which operated upon
the purely patriotic and enlightened assembly which framed the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account