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. At the period of the formation of the Constitution the
principle does not appear to have enjoyed much favor in the State
governments. It existed but in two, and in one of these there was a
plural executive. If we would search for the motives which operated upon
the purely patriotic and enlightened assembly which framed the
Constitution for the adoption of a provision so apparently repugnant to
the leading democratic principle that the majority should govern, we
must reject the idea that they anticipated from it any benefit to the
ordinary course of legislation.
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