by Emily Johnson

Created on: January 14, 2009

Yes, the power of the President to veto legislation is not merely helpful; it is a founding principle that goes to very heart of American democracy. Without the veto, we wouldn't have true separation-of-powers and would be at the whim of the Congress.

Some people are surprised to learn that the constitutional "veto" provision doesn't actually contain the word "veto" (see Article I, Section 7, Clause 2.) What it does do is require that every bill passed be presented to the President, stipulating that in order to become a law, the President must signify his approval by signature. There are two exceptions: (1) Congress may override his veto by a two-thirds majority; and, (2) The President has no veto authority over constitutional amendments. Other than those two exceptions, no signature, no law.

Scores of historical examples exist that illustrate how the veto has benefitted our Democracy. For example, despite the occasional inclination of a few Presidents or Members of Congress to swing to the extreme far religious right with regard to policy-making, we do still live in a Nation that places a high value on separation of church-and-state via the Establishment Clause. After all, freedom to worship however they wanted was a fundamental reason why the pilgrims journeyed here in the first place.

In 1811, President James Madison vetoed a bill that, in his view, would have violated separation-of- church-and-state. Essentially, the bill passed by Congress incorporated the Presbyterian Church. In his Veto Message to the Congress on February 21, 1811, he expressed his concern that serious lines had been crossed because the bill proposed to legislate "rule and proceedings" of the church, including procedures outlined right in the text of the bill that went so far as "comprehending even the election and removal of the minister..."

It's fascinating to read the exchange between Members of Congress when Madison issued his veto and kicked the bill back. Several Members voiced their opinions that their understanding of the Constitution was that it only prohibited the establishment of a "National Church" , but otherwise they believed legislation of religion was acceptable.

Imagine if Madison had not vetoed that bill? At the very least, hiring and firing decisions of Presbyterian congregations across the Nation would be determined by rules established by the federal government. Even worse, we might all be Presbyterians (no offense to my Presbyterian friends intended).

President Grover

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