The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
The statement contained in the Constitution that all legislative
authority is vested in Congress is far from accurate, not only for the
reason above indicated that a portion of it under the guise of
treaty-making power is conferred on the President and Senate, and the
further reason that the Supreme Court exercises legislative authority of
great importance, but for the additional reason that the President,
aside from his control over treaties, possesses legislative power
co-extensive and co-equal with that of either house. He has been
expressly given by the Constitution only a qualified veto, but it is so
difficult for Congress to override it by the necessary two-thirds
majority that it is in most cases as effective as an absolute
negative.[114] Attention has been called to the fact that a two-thirds
majority is difficult to secure even under the most favorable
circumstances; but here the situation is such as to place practically
insurmountable obstacles in the way of its attainment. As an
illustration let us suppose that each state is solidly for or against
the measure which the President has vetoed and that both Senators and
Representatives accurately reflect the sentiment of their respective
states. Then taking the population of the forty-five states in 1900 as
the basis of our calculation, the smallest popular majority which would
ensure the required two-thirds vote in both houses would be obtained by
taking enough of the smaller states to make the necessary majority in
the House. But this would mean a popular majority of over 65 per cent.
and an eight-ninths majority in the Senate. To obtain the necessary vote
in both houses by taking the larger states would require a popular
majority of over 93 per cent. and a nine-tenths majority in the House.
This gives us some, but by no means an adequate, idea of the President's
control over legislation. He may use in support of his veto all the
other powers which the Constitution has placed in his hands; and when we
consider the immense influence which he can bring to bear upon Congress,
especially through his control over appointments, we can readily see the
practical impossibility of enacting any measure which he opposes with
all the powers at his command. Moreover, the President and Senate would,
it was expected, belong to the same class, represent the same interests,
and be equally faithful in guarding the rights of the well-to-do. They
were to be, therefore, not so much a check on each other, as a double
check on the democratic House; and as against the latter, it was the
intention that the qualified negative of the President should, in all
important matters concerning which the radical and conservative classes
disagreed, be fully equivalent to an absolute veto. This follows from
the fact that the Senate would in such cases sympathize with the action
of the President and refuse to co-operate with the House in overriding
it.
Public-domain text, read in full here on John Shaqi.
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