her single cause, rendered good men either cool in
their affections toward the government of their country, or doubtful of
its long continuance. Yet there is _precedent_ in favor of this power,
and the President exercises it. We know, Sir, that, without the aid of
that _precedent_, his acts could never have received the sanction of
this body, even at a time when his voice was somewhat more potential
here than it now is, or, as I trust, ever again will be. Does the
President, then, reject the authority of all precedent except what it is
suitable to his own purpose to use? And does he use, without stint or
measure, all precedents which may augment his own power, or gratify his
own wishes?

But if the President thinks lightly of the authority of Congress in
construing the Constitution, he thinks still more lightly of the
authority of the Supreme Court. He asserts a right of individual
judgment on constitutional questions, which is totally inconsistent with
any proper administration of the government, or any regular execution of
the laws. Social disorder, entire uncertainty in regard to individual
rights and individual duties, the cessation of legal anthority,
confusion, the dissolution of free government,--all these are the
inevitable consequences of the principles adopted by the message,
whenever they shall be carried to their full extent. Hitherto it has
been thought that the final decision of constitutional questions
belonged to the supreme judicial tribunal. The very nature of free
government, it has been supposed, enjoins this; and our Constitution,
moreover, has been understood so to provide, clearly and expressly. It
is true, that each branch of the legislature has an undoubted right, in
the exercise of its functions, to consider the constitutionality of a
law proposed to be passed. This is naturally a part of its duty; and
neither branch can be compelled to pass any law, or do any other act,
which it deems to be beyond the reach of its constitutional power. The
President has the same right, when a bill is presented for his approval;
for he is, doubtless, bound to consider, in all cases, whether such bill
be compatible with the Constitution, and whether he can approve it
consistently with his oath of office. But when a law has been passed by
Congress, and approved by the President, it is now no longer in the
power, either of the same President, or his successors, to say whether
the law is constitutional or not. He i