Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/358

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CONSTITUTION OF THE U. STATES.
[BOOK III.

timidity, than of rashness in its exercise.[1] It has been already seen, that the British king, with all his sovereign attributes, has rarely interposed this high prerogative, and that more than a century has elapsed since its actual application. If from the offensive nature of the power a royal hereditary executive thus indulges serious scruples in its actual exercise, surely a republican president, chosen for four years, may be presumed to be still more unwilling to exert it.[2]

§ 884. The truth is, as has been already hinted, that the real danger is, that the executive will use the power too rarely. He will do it only on extraordinary occasions, when a just regard to the public safety, or public interests, or a constitutional obligation, or a necessity of maintaining the appropriate rights and prerogatives of his office compels him to the step;[3] and then it will be a solemn appeal to the people themselves from their own representatives. Even within these narrow limits the power is highly valuable; and it will silently operate as a preventive check, by discouraging attempts to overawe, or to control the executive. Indeed, one of the greatest benefits of such a power is, that its influence is felt, not so much in its actual exercise, as in its silent and secret energy as a preventive. It checks the intention to usurp, before it has ripened into an act.

§ 885. It has this additional recommendation, as a qualified negative, that it does not, like an absolute negative, present a categorical and harsh resistance to the legislative will, which is so apt to engender strife, and nourish hostility. It assumes the character of a mere appeal to the legislature itself, and asks a revision
  1. The Federalist, No. 73.
  2. Id.
  3. Id.