aking the population of the forty-five states in 1900 as
the basis of our calculation, the smallest popular majority which would
ensure the required two-thirds vote in both houses would be obtained by
taking enough of the smaller states to make the necessary majority in
the House. But this would mean a popular majority of over 65 per cent.
and an eight-ninths majority in the Senate. To obtain the necessary vote
in both houses by taking the larger states would require a popular
majority of over 93 per cent. and a nine-tenths majority in the House.
This gives us some, but by no means an adequate, idea of the President's
control over legislation. He may use in support of his veto all the
other powers which the Constitution has placed in his hands; and when we
consider the immense influence which he can bring to bear upon Congress,
especially through his control over appointments, we can readily see the
practical impossibility of enacting any measure which he opposes with
all the powers at his command. Moreover, the President and Senate would,
it was expected, belong to the same class, represent the same interests,
and be equally faithful in guarding the rights of the well-to-do. They
were to be, therefore, not so much a check on each other, as a double
check on the democratic House; and as against the latter, it was the
intention that the qualified negative of the President should, in all
important matters concerning which the radical and conservative classes
disagreed, be fully equivalent to an absolute veto. This follows from
the fact that the Senate would in such cases sympathize with the action
of the President and refuse to co-operate with the House in overriding
it.

It was believed by the framers of the Constitution that the veto power
of the President would be seldom used. This was true until after the
Civil War. Washington used the power only twice; John Adams, Jefferson,
J.Q. Adams, Van Buren, Taylor, and Fillmore did not make use of it at
all. During the first seventy-six years of our history under the
Constitution the power was exercised only fifty-two times. Andrew
Johnson was the first President to use it freely, vetoing as many acts
as were vetoed by the first eight Presidents. The largest use of the
veto power was by President Cleveland who, during his first term,
exercised it three hundred and one times.[115]

In conferring the veto power on the President the members of the
Convention were actuated by the