Page:Works of John C. Calhoun, v1.djvu/360

 vested in him, it irresistibly follows, under the provisions of the clause referred to, that it cannot be exercised without the authority of Congress. But while it effected this important object, the constitution provided means to secure the independence of the other departments; that of the executive, by requiring the approval of the President of all the acts of Congress — and that of the judiciary, by its right to decide definitively, as far as the other departments are concerned, the constitutionality of all laws involved in cases brought before it.

No decision ever made, or measure ever adopted, except the 25th section of the judiciary act, has produced so great a change in the practical operation of the government, as this. It remains, in the face of this express and important provision of the constitution, unreversed. One of its effects has been, to change, entirely, the intent of the clause, in a most important particular. Its main object, doubtless, was, to prevent collision in the action of the government, without impairing the independence of the departments, by vesting all discretionary power in the Legislature. Without this, each department would have had equal right to determine what powers were necessary and proper to carry into execution the powers vested in it; which could not fail to bring them into dangerous conflicts, and to increase the hazard of multiplying unconstitutional acts. Indeed, instead of a government, it would have been little less than the regime of three separate and conflicting departments — ultimately to be controlled by the executive; in consequence of its having the command