f laws, which constitute the pillars of our whole system of
jurisprudence. Will Congress be too strait-laced to carry the
constitution into honest effect, unless they may pass over the
foundation laws of the State governments, for the slightest convenience
to theirs?

The negative of the President is the shield provided by the
constitution, to protect against the invasions of the legislature, 1.
the rights of the Executive; 2. of the Judiciary; 3. of the States
and State legislatures. The present is the case of a right remaining
exclusively with the States, and is, consequently, one of those intended
by the constitution to be placed under his protection.

It must be added, however, that unless the President's mind, on a view
of every thing which is urged for and against this bill, is tolerably
clear that it is unauthorized by the constitution, if the pro and the
con hang so even as to balance his judgment, a just respect for the
wisdom of the legislature would naturally decide the balance in favor of
their opinion. It is chiefly for cases where they are clearly misled by
error, ambition, or interest, that the constitution has placed a check
in the negative of the President.

Th: Jefferson.

February 15, 1791.

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Miscellanies, From The Papers Of Thomas Jefferson, by Thomas Jefferson

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