It was proper, therefore, to provide some umpire from whose
situation and mode of appointment more independence and freedom from
such influences might be expected. Such a one was afforded by the
executive department constituted by the Constitution. A person elected
to that high office, having his constituents in every section, State,
and subdivision of the Union, must consider himself bound by the most
solemn sanctions to guard, protect, and defend the rights of all and of
every portion, great or small, from the injustice and oppression of the
rest. I consider the veto power, therefore, given by the Constitution to
the Executive of the United States solely as a conservative power, to be
used only first, to protect the Constitution from violation; secondly,
the people from the effects of hasty legislation where their will has
been probably disregarded or not well understood, and, thirdly, to
prevent the effects of combinations violative of the rights of
minorities. In reference to the second of these objects I may observe
that I consider it the right and privilege of the people to decide
disputed points of the Constitution arising from the general grant of
power to Congress to carry into effect the powers expressly given; and I
believe with Mr. Madison that "repeated recognitions under varied
circumstances in acts of the legislative, executive, and judicial
branches of the Government, accompanied by indications in different
modes of the concurrence of the general will of the nation," as
affording to the President sufficient authority for his considering such
disputed points as settled.
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