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Fiske, John, 1842-1901

"Volume 4, part 3: James Knox Polk"


The President is bound to approve or disapprove every bill which passes
Congress and is presented to him for his signature. The Constitution
makes this his duty, and he can not escape it if he would. He has no
election. In deciding upon any bill presented to him he must exercise
his own best judgment. If he can not approve, the Constitution commands
him to return the bill to the House in which it originated with his
objections, and if he fail to do this within ten days (Sundays excepted)
it shall become a law without his signature. Right or wrong, he may be
overruled by a vote of two-thirds of each House, and in that event the
bill becomes a law without his sanction. If his objections be not thus
overruled, the subject is only postponed, and is referred to the States
and the people for their consideration and decision. The President's
power is negative merely, and not affirmative. He can enact no law. The
only effect, therefore, of his withholding his approval of a bill passed
by Congress is to suffer the existing laws to remain unchanged, and the
delay occasioned is only that required to enable the States and the
people to consider and act upon the subject in the election of public
agents who will carry out their wishes and instructions.


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