The presidential message is very often not the work of the President alone, and there are notable instances of its being principally the work of some one else. In every case, especially of the message prepared for the opening session of Congress, the information contained in the document is largely furnished by the various departments. The President treats the material sent to him by the respective officers as he sees fit, sometimes taking out paragraphs, sometimes condensing, sometimes using it merely as the basis for his own conclusions. Some of President Roosevelt's special messages were founded on the reports of commissions, and were accompanied by handsome illustrations; others were his own work, prepared primarily to promulgate his own views with regard to some particular topic which he wished to make of public interest. 1 The treatment which the President's recommendations receive, of course, varies according to circumstances. They may be accepted, because Congress feels that they are sound in principle or because there is an effective demand for them in the country; or they may be accepted because the President by his party leadership, or personal favors, or use of patronage can bring the requisite pressure to bear on Senators and Representatives to secure their passage. The power of vetoing measures of Congress, like that of sending messages, possesses a legal and a practical aspect. Every bill or joint resolution must be presented to the President; if he signs, it becomes a law; if he disapproves, he must return it to the house in which it originated, with a statement of his objections; and the house must, thereupon, reconsider it. A twothirds vote of both houses is sufficient to carry the measure over the executive veto. The same procedure is applied to orders, resolutions, and votes to which a concurrence of both houses is necessary, excepting questions of adjournment. If the President fails to return a measure within ten days (Sundays excepted) after it is presented to him, it becomes a law without his signature, unless Congress prevents its return by adjourning, in which 2 In practice "concurrent resolutions" are not submitted to the President. See below, p. 290. In practice also amendments to the federal constitution are not submitted to the President. Burgess, Political Science and Constitutional Law, Vol. I, p. 148, case it does not become a law. When Congress adjourns leaving many bills to be signed, the President may suppress quietly the bills to which he entertains objections; and this is known as the "pocket veto."1 The President does not veto single items in appropriation bills, and Congress has attached other measures - disapproved by the President — to appropriation laws, and thus forced his signature. This practice of attaching "riders" is somewhat discredited, and is seldom employed. The veto power, in Hamilton's view, was conferred on the President because of the propensity of the legislative department to intrude upon the rights and absorb the powers of the other departments, and also because of the necessity of furnishing the executive with a means of defending his constitutional prerogatives. But he added, "The power in question has a further use. It not only serves as a shield to the executive, but it furnishes an additional security against the enaction of improper laws. It establishes a salutary check upon the legislative body, calculated to guard the community against the effects of faction, precipitancy, or of any impulse unfriendly to the public good, which may happen to influence a majority of that body. They will consider every institution calculated to restrain the excess of law-making, and to keep things in the same state in which they may happen to be at any given period, as much more likely to do good than harm; because it is favorable to a greater stability in the system of legislation. The injury which might be done by defeating a few good laws will be amply compensated by the advantage of preventing a number of bad ones." " a On the question of exercising the veto, different views have prevailed. Jefferson contended: "Unless the President's mind, on a view of everything which is urged for and against the bill, is tolerably clear that it is unauthorized by the Constitution if the pro and con hang so even as to balance his judgment just respect for the wisdom of the legislature would naturally decide the balance in favor of their opinion."3 General Taylor held that the veto power should never be exercised "except in 1 Readings, p. 187. 2 The Federalist, No. LXXIII. 3 Quoted in Lincoln, Works, Vol. II, p. 61. cases of clear violation of the Constitution, or manifest haste and want of consideration by Congress." President Jackson, however, whose relations to Congress were quite different from those of either Jefferson or Taylor, had his own opinion of what the Constitution was, and alleged unconstitutionality as one of the grounds for vetoing the Bank Bill, although such an institution had been declared constitutional by the Supreme Court.1 In vetoing a bill, President Grant assigned as his reason the fact that it was "a departure from true principles of finance, national interest, national obligations to creditors, congressional promises, party pledges (of both political parties), and personal views and promises made by me in every annual message sent to Congress and in each inaugural address." Mr. Cleveland expressed his opinion that the veto power was given to the President for the purpose of invoking the exercise of executive judgment and inviting independent executive action. Certainly the President is expected to safeguard the Constitution by vetoing unconstitutional acts of Congress. This is especially true because many laws can only be brought before the Courts in a collateral way, if at all. The development of the exercise of the veto power is thus summed up by Finley and Sanderson: 2 "From the organization of the government under the Constitution to the end of President Cleveland's second term, the number of bills vetoed was about five hundred. Authorities differ slightly. The figures, including pocket vetoes upon which messages were written and bills informally or irregularly presented, seem to be four hundred and ninety-seven, of which the number regularly vetoed appears to be four hundred and eighty. Two hundred and sixty-five of these were private pension bills, of which five were vetoed by President Grant and the remainder by President Cleveland. Of private bills, other than pension bills, seventy were vetoed; of local or special bills, eighty-seven. The remainder, seventy-five in number, including bills for the admission of states into the Union, are classified as general bills. Of these seventy-five, President Washington vetoed two, Madison three, Jackson six, Tyler five, Polk one, Pierce three, Buchanan three, Lincoln two, 1 Readings, p. 187. 'Finley and Sanderson, The American Executive, p. 211. Johnson eighteen, Grant nine, Hayes ten, Arthur three, Cleveland eight, Benjamin Harrison two." John Adams, Jefferson, John Quincy Adams, W. H. Harrison, Taylor, Fillmore, and Garfield did not use the veto power. Mr. McKinley vetoed at least fourteen measures and Mr. Roosevelt at least forty-two. The procedure of the President in dealing with bills has been described by Mr. Harrison. On its passage through Congress, a bill is signed by the President of the Senate and Speaker of the House; it is then taken to the Executive Mansion and usually referred to the head of the executive department to which its subject matter relates; in case a question of constitutionality arises, the Attorney-General is consulted. The bill then goes to the President with the departmental report upon it, and if he approves he signs the bill, dates it, and sends it to the Department of State for filing and publication. If he disapproves the bill, and Congress is still in session, he returns it to the house in which it originated, with his objections, and perhaps with recommendations for amendment. The veto power, taken in connection with the message and the appointing power, is an effective political instrument in the hands of the President. By using a threat of the veto, he may secure the passage of bills which he personally favors; and at all times, in considering important measures, Congress must keep in view the possible action of the President, especially where it is a party question and the correct attitude before the country is indispensable. Mr. Roosevelt even went so far as to warn Congress publicly that he would not sign certain measures then before that body and raised a storm of protest from those who said that he should not veto a bill until it was laid before him. The President's Privileges and Rights In addition to his powers and duties, the President enjoys certain privileges and rights. No tribunal in the land has any jurisdiction over him for any offence. He cannot be arrested for any crime, no matter how serious even murder.' He may be impeached, but until judgment has been pronounced against him, he cannot be in any way restrained of his liberty. 1 This Country of Ours, p. 128. 2 Burgess, Political Science and Constitutional Law, Vol. II, p. 246. The President is entitled by right to payment for his services, for the Constitution provides that he shall receive at stated times a compensation which may not be increased or diminished during the term for which he is elected. He is forbidden, however, to receive any other emolument from the United States or from any state. The salary of the President was fixed at $25,000 in the beginning; it was increased to $50,000 in 1871; and to $75,000 in 1909. In addition to his personal salary the President is furnished an Executive Mansion, executive offices, and certain additional allowances. For example, in the appropriation bill of 1909, the following sums were set apart for the use of the President: The Relations of the Executive and Legislative Departments Notwithstanding the fact that, in accordance with traditional American political theory, the executive and legislative departments ought to be kept entirely separate, as a matter of practice such separation is not only impossible, but highly undesirable, because it breaks the natural tie which must exist between the body which expresses popular will and the authority charged with carrying that will into execution. Accordingly there has been established in practice a fairly close connection between the executive and legislative departments. This has been accomplished in many ways. 1 1 Congressional Record for January 5, 1910. The Vice-President's salary is $12,000. |