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.
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