Inquiry Into the Origin and Course of Political Parties in the United StatesVan Buren, Martin
History
Inquiry Into the Origin and Course of Political Parties in the United States
Van Buren, Martin
Political parties -- United States
The division of the powers of the Federal Government into distinct and
independent departments is founded on a principle the value of which has
never been lost sight of by the framers of governments designed to be
free. It must at the same time be admitted that, among the principles
which necessarily enter into such a system, there are not many so
difficult to define with desirable certainty or to uphold in practice.
The faithful and capable men who constructed ours, state as well as
national, have been as successful, I believe, in this respect as any who
have gone before them; and the efforts which have been so perseveringly
made to counteract their patriotic designs must be attributed to an
inherent spirit of encroachment which is inseparable from power in whose
hands soever it may be placed.
The veto message contained the following passage:--"If the opinion of
the Supreme Court covered the whole ground of this act, it ought not to
control the coördinate authorities of this Government. The Congress, the
executive, and the court must each for itself be guided by its own
opinion of the Constitution. Each public officer, who takes an oath to
support the Constitution, swears that he will support it as he
understands it, and not as it is understood by others. It is as much the
duty of the House of Representatives, of the Senate and of the
President, to decide upon the constitutionality of any bill or
resolution which may be presented to them for passage or approval, as it
is of the supreme judges when it may be brought before them for judicial
decision. The opinion of the judges has no more authority over Congress
than the opinion of Congress has over the judges; and on that point the
President is independent of both. The authority of the Supreme Court
must not, therefore, be permitted to control the Congress or the
executive when acting in their legislative capacities, but to have only
such influence as the force of their reasoning may deserve."
Public-domain text, read in full here on John Shaqi.
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