shall be passed by a vote of two-thirds of both Houses; but it has
a right to demand that the President shall exercise his constitutional
power and arrest it if his judgment is against it. If he surrender this
power, or fail to exercise it in a case where he can not approve, it
would make his formal approval a mere mockery, and would be itself a
violation of the Constitution, and the dissenting State would become
bound by a law which had not been passed according to the sanctions of
the Constitution.

The objection to the exercise of the _veto_ power is founded upon an
idea respecting the popular will, which, if carried out, would
annihilate State sovereignty and substitute for the present Federal
Government a consolidation directed by a supposed numerical majority.
A revolution of the Government would be silently effected and the
States would be subjected to laws to which they had never given their
constitutional consent.

The Supreme Court of the United States is invested with the power to
declare, and has declared, acts of Congress passed with the concurrence
of the Senate, the House of Representatives, and the approval of the
President to be unconstitutional and void, and yet none, it is presumed,
can be found who will be disposed to strip this highest judicial
tribunal under the Constitution of this acknowledged power--a power
necessary alike to its independence and the rights of individuals.

For the same reason that the Executive veto should, according to the
doctrine maintained, be rendered nugatory, and be practically expunged
from the Constitution, this power of the court should also be rendered
nugatory and be expunged, because it restrains the legislative and
Executive will, and because the exercise of such a power by the court
may be regarded as being in conflict with the capacity of the people to
govern themselves. Indeed, there is more reason for striking this power
of the court from the Constitution than there is that of the qualified
veto of the President, because the decision of the court is final, and
can never be reversed even though both Houses of Congress and the
President should be unanimous in opposition to it, whereas the veto of
the President may be overruled by a vote of two-thirds of both Houses
of Congress or by the people at the polls.

It is obvious that to preserve the system established by the
Constitution each of the coordinate branches of the Government--the
executive, legislative,