The
pretension to it, however, under that branch has never been set up.
In support of the claim under the second no reason has been assigned
which appears to have the least weight.
Such is a brief history of the origin, progress, and consequences of
a system which for more than thirty years after the adoption of the
Constitution was unknown. The greatest embarrassment upon the subject
consists in the departure which has taken place from the early
construction of the Constitution and the precedents which are found in
the legislation of Congress in later years. President Jackson, in his
veto of the Wabash River bill, declares that "to inherent embarrassments
have been added others resulting from the course of our legislation
concerning it." In his vetoes on the Maysville road bill, the Rockville
road bill, the Wabash River bill, and other bills of like character he
reversed the precedents which existed prior to that time on the subject
of internal improvements. When our experience, observation, and
reflection have convinced us that a legislative precedent is either
unwise or unconstitutional, it should not be followed.
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