History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The two important differences between the negative thus vested in the
President of the United States and that which belongs to the King of
England are, that the former is a qualified, while the latter is an
absolute, power to arrest the passage of a law; and that the one is
required to render to the legislature the reasons for his refusal to
approve a bill, while the latter renders no reasons, but simply
answers that he will advise of the matter, which is the parliamentary
form of signifying a refusal to approve. The provision in our
Constitution which requires the President to communicate to the
legislature his objections to a bill, was rendered necessary by the
power conferred upon two thirds of both houses to make it a law,
notwithstanding his refusal to sign it. By this power, which makes the
negative of the President a qualified one only, the framers of the
Constitution intended that the two houses should take into
consideration the objections which may have led the President to
withhold his assent, and that his assent should be dispensed with, if,
notwithstanding those objections, two thirds of both houses should
still approve of the measure. These provisions, therefore, on the one
hand, give to the President a real participation in acts of
legislation, and impose upon him a real responsibility for the
measures to which he gives his official approval, while they give him
an important influence over the final action of the legislature upon
those which he refuses to sanction; and, on the other hand, they
establish a wide distinction between his negative and that of the King
in England. The latter has none but an absolute "veto"; if he refuse
to sign a bill, it cannot become a law; and it is well understood,
that it is on account of this absolute effect of the refusal, that
this prerogative has been wholly disused since the reign of William
III., and that the practice has grown up of signifying, through the
ministry, the previous opposition of the executive, if any exists,
while the measure is under discussion in Parliament. It is not needful
to consider here which mode of legislation is theoretically or
practically the best. It is sufficient to notice the fact, that the
absence from our system of official and responsible advisers of the
President, having seats in the legislature, renders it impracticable
to signify his views of a measure, while it is under the
consideration of either house. For this reason, and because the
President himself is responsible to the people for his official acts,
and in order to accompany that responsibility with the requisite power
both to act upon reasons and to render them, our Constitution has
vested in him this peculiar and qualified negative.[199]
Public-domain text, read in full here on John Shaqi.
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