his fortitude would be stimulated by his immediate interest
in the power of his office; in the latter, by the probability of the
sanction of his constituents, who, though they would naturally incline
to the legislative body in a doubtful case, would hardly suffer their
partiality to delude them in a very plain case. I speak now with an eye
to a magistrate possessing only a common share of firmness. There are
men who, under any circumstances, will have the courage to do their duty
at every hazard.
But the convention have pursued a mean in this business, which will
both facilitate the exercise of the power vested in this respect in the
executive magistrate, and make its efficacy to depend on the sense of
a considerable part of the legislative body. Instead of an absolute
negative, it is proposed to give the Executive the qualified negative
already described. This is a power which would be much more readily
exercised than the other. A man who might be afraid to defeat a law by
his single VETO, might not scruple to return it for reconsideration;
subject to being finally rejected only in the event of more than one
third of each house concurring in the sufficiency of his objections.
He would be encouraged by the reflection, that if his opposition should
prevail, it would embark in it a very respectable proportion of the
legislative body, whose influence would be united with his in supporting
the propriety of his conduct in the public opinion. A direct and
categorical negative has something in the appearance of it more harsh,
and more apt to irritate, than the mere suggestion of argumentative
objections to be approved or disapproved by those to whom they are
addressed. In proportion as it would be less apt to offend, it would be
more apt to be exercised; and for this very reason, it may in practice
be found more effectual. It is to be hoped that it will not often happen
that improper views will govern so large a proportion as two thirds of
both branches of the legislature at the same time; and this, too, in
spite of the counterposing weight of the Executive. It is at any rate
far less probable that this should be the case, than that such views
should taint the resolutions and conduct of a bare majority. A power of
this nature in the Executive, will often have a silent and unperceived,
though forcible, operation. When men, engaged in unjustifiable pursuits,
are aware that obstructions may come from a quarter which they cannot
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