nt of limit to the continuance of the executive power in the same hands， there is， i apprehend， not much less from a misconstruction of that instrument as it regards the powers actually given. i can not conceive that by a fair construction any or either of its provisions would be found to constitute the president a part of the legislative power. it can not be claimed from the power to recommend， since， although enjoined as a duty upon him， it is a privilege which he holds in common with every other citizen； and although there may be something more of confidence in the propriety of the measures recommended in the one case than in the other， in the obligations of ultimate decision there can be no difference. in the language of the constitution， “all the legislative powers” which it grants “are vested in the congress of the united states.” it would be a solecism in language to say that any portion of these is not included in the whole.
it may be said， indeed， that the constitution has given to the executive the power to annul the acts of the legislative body by refusing to them his assent. so a similar power has necessarily resulted from that instrument to the judiciary， and yet the judiciary forms no part of the legislature. there is， it is true， this difference between these grants of power： the executive can put his negative upon the acts of the legislature for other cause than that of want of conformity to the constitution， whilst the judiciary can only declare voi
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