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protect, and defend the Constitution.” Washington took that provision seriously and literally, and assumed that the veto power was provided mainly as a means of blocking unconstitutional legislation. He was no expert in constitutional theory, however, and was not at all certain as to how and when he should use the power.
The issue first arose early in 1791, when Congress passed a bill chartering a corporation, the Bank of the United States. Many people, including “the Father of the Constitution,” James Madison, insisted that the bill was unconstitutional.
Washington turned to Attorney General Edmund Randolph, Secretary of State Thomas Jefferson, and Secretary of the Treasury Alexander Hamilton for written opinions. The first two argued one way, Hamilton precisely the opposite.
Washington followed Hamilton’s advice and signed the bill, but the episode left him uncomfortable.
Two years later, when another
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