Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/359

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CH. XIII.]
PRESIDENT'S NEGATIVE.
351
of its own judgment.[1] It is in the nature, then, merely of a rehearing, or a reconsideration, and involves nothing to provoke resentment, or rouse pride. A president, who might hesitate to defeat a law by an absolute veto, might feel little scruple to return it for reconsideration upon reasons and arguments suggested on the return. If these were satisfactory to the legislature, he would have the cheering support of a respectable portion of the body in justification of his conduct. If, on the other hand, they should not be satisfactory, the concurrence of two thirds would secure the ultimate passage of the law^, without exposing him to undue censure or reproach. Even in such cases his opposition would not be without some benefit. His observations would be calculated to excite public attention and discussion, to lay bare the grounds, and policy, and constitutionality of measures;[2] and to create a continued watchfulness, as to the practical effects of the laws thus passed, so as that it might be ascertained by experience, whether his sagacity and judgment were safer, than that of the legislature.[3] Nothing but a gross abuse of the power upon frivolous, or party pretences, to secure a petty triumph, or to defeat a wholesome restraint, would bring it into contempt, or odium; and then, it would soon be followed by that remedial justice from the people, in the exercise of the right of election, which, first or last, will be found to follow with reproof, or cheer with applause, the acts of their rulers, when passion and prejudice have removed the temporary bandages, which have blinded their judgment. Looking back upon the history of the government for the last forty years, it will be
  1. The Federalist, No. 73.
  2. Rawle on Constitution, ch. 6, p. 61, 62.
  3. 1 Wilson's Lect. 449, 450; The Federalist, No. 73.