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 paragraph in the message which sets forth the constitutional
principles which President Jackson intended to avow, contains the
following declarations: 1st. That if the opinion of the Supreme Court
covered the whole ground of the act under consideration, still it ought
not to control the coördinate authorities of the Government. 2d. That
the Congress, the Executive, and the Court must each for itself be
guided by its own opinions of the Constitution. 3d. That it is as much
the duty of the House of Representatives, of the Senate, and of the
President, to decide upon any Bill or Resolution that may be presented
to them for passage or approval, as it is for the supreme judges when
brought before them for judicial decision. 4th. That the opinion of the
judges has no more authority over Congress than the opinion of Congress
has over the judges, and that on that point the President is independent
of both. 5th. That the authority of the Supreme Court should 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. In none of these avowals is
the principle of irresponsibility in respect to the opinion of the
Supreme Court, by fair construction much less by necessary implication,
carried farther than to include the President when discharging his
official duties as the depository of the executive power of the
Government in approving or disapproving of a Bill or Resolution sent to
him by Congress for his executive action. That in all this he was
perfectly right, it will be seen even Mr. Webster, latitudinarian as he
was, did not venture to controvert.
Public-domain text, read in full here on John Shaqi.
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